Glasgow pizzeria appeals to Scottish government in hot food row

A Glasgow pizzeria has lodged an appeal with the Scottish government over a council dispute regarding whether they sell hot or cold pizza slices.

Glasgow City Council told Sear's Pizza it does not have the appropriate planning permission to operate as a hot food takeaway from its Partick premises.

The owner claims the local authority has misclassified its business model and it sells slices of pizza, "which unless just baked will be cold" in a style similar to bakery shops like Greggs.

The Scottish government is expected to appoint an independent reporter to assess the case, and a target date of 13 November has been set for a decision.

Officers issued an enforcement notice in July, warning the "unauthorised" use of the venue for hot food must stop.

Officials said they do not consider the "temperature of the food at the precise moment of sale is determinative of the planning character of the use".

Sear's Pizza, which has been on Chancellor Street in Partick since September 2024, had an application for a change of use from a shop (Class 1A) to a café (Class 3) rejected in November that year.

Earlier this year, after an investigation, the council decided there had been an "unauthorised change of use from Class 1A (shops) to a hot food takeaway (sui generis) without planning permission".

The enforcement notice added the use has an "adverse impact" on neighbours through noise, activity and disturbance, and contributed to an over-concentration of food and drink uses within the street.

Sear's appeal states the model is no different from a bakery selling baked goods and therefore it falls within use class 1A.

It added Greggs is not defined as a hot food takeaway but sells a range of hot baked goods.

The appeal added that Sear's is popular with both students and celebrities, claiming the actor James McAvoy and chart-topping singer Lewis Capaldi have eaten there.

It said: "It would seem abundantly clear that as the produce for sale is cold, that it can hardly be described as a hot food takeaway (sui generis)."

A council response to the appeal said comparisons to the likes of Greggs or Subway carried "limited weight" as those businesses occupy a wide range of premises with different characteristics.

The council said: "The fact that another premises may trade under a similar business model does not, in itself, determine the planning character of the use taking place at the appeal site."

The local authority also argued that, as seated dining was not an option and 100% of sales were for takeaway food, Sear's should be characterised as a hot food takeaway rather than as a café.

Story by Local Democracy Reporting Service reporter Drew Sandelands.