Council withdraws order banning Salhouse coffee shop owner from staring into rival cafe - and pays £1,200 in court costs
PUBLISHED: 06:00 11 January 2018 | UPDATED: 19:08 11 January 2018
Archant Norfolk 2017
A former coffee shop owner who was banned from staring into a rival cafe has had the order against her withdrawn.
Broadland District Council issued Kerry Radley with a Community Protection Notice (CPN) last year following allegations about her behaviour.
The mother-of-three, who owned Radley’s Coffee Shop in Salhouse, was accused of causing “anxiety” to staff and customers of rival cafe Prima Rosa.
Miss Radley always denied the claims against her and lodged an appeal in court towards the end of 2017.
It resulted in Broadland council dropping the CPN and paying more than £1,200 in court costs towards Miss Radley. The appeal was due to be heard at Norwich Magistrates’ Court in February.
Miss Radley, 45, said: “I am really happy it [the CPN] has been overturned, it shouldn’t have happened in the first place.
“They [the council] said they dropped it because I had not done anything further, but I think they were just worming their way out of it.”
Miss Radley said she now intends to sue the council for defamation of character.
The CPN followed an ongoing dispute between Miss Radley and the neighbouring cafe Prima Rosa.
Both owners have accused the other of intimidating and abusive behaviour, with flyers being stolen and signs being defaced.
It resulted in Miss Radley closing her cafe on Lower Street in September.
The conditions of the notice issued against Miss Radley banned her from staring into Prima Rosa or entering Prima Rosa.
Broadland District Council said it maintained its position in respect to the conduct preceding the issue of the CPN.
A spokesman added: “However, it is not prepared to use public funds to oppose an appeal in circumstances where the lengthy period between the lodging of the appeal and this matter being listed for trial has provided a legitimate basis on which the CPN could be withdrawn.”
“Broadland District Council is content and pleased to acknowledge that since the CPN was issued, there have been no further allegations or complaints made against Kerry Radley of the nature referred to in the CPN.”
The spokesman said that even if Miss Radley had not appealed, after six months of compliance with the notice, the council would have been “seriously considering” withdrawing the CPN.