A popular Glasgow pizza shop has appealed to the Scottish Government after being ordered to stop operating as a hot food takeaway – arguing that most of its pizza slices are actually sold cold.
Sear’s Pizza, which has built a strong following since opening in Glasgow’s West End, is challenging an enforcement notice issued by Glasgow City Council over its Chancellor Street premises in Partick.
Council planners say the business does not have permission to operate as a hot food takeaway and ordered the unauthorised use of the premises to stop.
Sear’s has now taken the dispute to the Scottish Government, where an independent reporter is expected to decide whether the council was right to classify the business as a takeaway.
At the centre of the argument is how the pizza shop actually operates.
The appeal lodged on behalf of Sear’s claims its business model involves selling pizzas, usually by the slice, which are cold unless they have only recently come out of the oven.
It argues the operation is closer to a bakery such as Greggs than a conventional hot food takeaway.
The appeal states: “The facts are quite clear in that the business model involves the selling of slices of cold pizza, a range of cookies/cakes and biscuits and a range of soft drinks.”
It also argues that seating is available for customers and says the business fits within either normal shop or café planning use.
Sear’s opened at 8 Chancellor Street in September 2024 and quickly became one of Glasgow’s most talked-about pizza shops, specialising in New York-style slices.
Its website now lists four locations, with further branches in Shawlands, Glasgow city centre and Marchmont in Edinburgh.
The Partick premises previously applied for permission to change the use of the unit from a shop to a café, but that application was refused in November 2024.
Following a subsequent investigation, Glasgow City Council concluded there had been an unauthorised change from a shop to a hot food takeaway.
An enforcement notice was issued in July.
The council said the operation resulted in additional noise, activity and disturbance for neighbouring residents and contributed to what planners considered an overconcentration of food and drink businesses along the street.
Council planners have rejected the suggestion that the temperature of individual pizza slices determines whether the premises is a hot food takeaway.
In its response to the appeal, the council pointed out that pizzas are prepared and baked on the premises using dedicated cooking equipment.
It also said comparisons with chains such as Greggs or Subway were of limited relevance because individual premises can have different planning histories, permissions and methods of operation.
The council added that information submitted as part of the appeal indicated that all customers currently take their food away, with the limited seating primarily used by people waiting to be served.
Officials argue those characteristics support the classification of the premises as a hot food takeaway rather than a café.
Sear’s has also highlighted the popularity of the venue, particularly among students in the West End.
Its appeal claims celebrity customers have included actor James McAvoy and singer Lewis Capaldi.
The Glasgow branch is also formally listed by the Food Standards Agency as a takeaway/sandwich shop for food hygiene purposes, although that classification is separate from the planning dispute.
The Scottish Government is now expected to appoint a reporter to determine the appeal.
A target date of 13 November has been set for a decision.