An oyster shack’s bid to expand its drinking area onto the beach in Whitstable has been rejected on appeal.

Bosses at the Whitstable Oyster Fishery Company (WOFC) last year submitted an application to serve alcohol on a decked platform it planned to erect opposite The Forge in Island Wall.

It wanted to provide 120 seats for customers on the shingle beach, which is privately-owned by the firm and has been used by Whitstable Yacht Club to store boats.

But the council’s licensing sub-committee shot down the plans last year after almost 200 representations were submitted by residents.

Fears had been raised about an increase in anti-social behaviour, congestion in a busy pedestrian area, more litter, and children being exposed to lewd behaviour fuelled by alcohol.

The WOFC - headed by James Green - lodged an appeal against the decision, and its case was heard by Folkestone Magistrates’ Court.

Ahead of the appeal, the firm revised its application, reducing the number of seats from 120 to 96 and scrapping the proposal for wooden decking, meaning the tables and chairs would have been placed directly on the shingle.

It argued the beach seating would not lead to problems caused by drink because “alcohol is not cheap” at The Forge and most of its sales are for food.

Defending his plans, Mr Green said: “It may create issues with some of the local residents. That doesn’t mean thousands of people wouldn’t enjoy it if it was there.”

But district judge Justin Barron agreed with the city council’s decision to refuse the application, which had attracted an “avalanche” of objections.

In his judgment, he described Mr Green as an “able and determined” businessman.

But he added: “I found Mr Green’s evidence at court to be unimpressive.

“For the most part it amounted to assertions that he was right, without any additional supporting evidence, and that everyone else was wrong.

“He blamed the Yacht Club for the preponderance of the objections without seeing to the heart of the matter.

“In my judgment, despite all his undoubted ability, he failed to grasp or deliberately ignored the very particular sensitivities of this location to the general public and residents of Whitstable.”

He agreed the licensing sub-committee was right to refuse the application on a number of grounds.

These included potential crime and disorder because the area had already been subject to dispersal orders from the police, and the expansion of drinking on to the beach would make this worse, and the sale of alcohol in view of children would be harmful.

Reacting to the decision, licensing committee chair Cllr Ashley Clark (Con) said: “The committee, and no doubt the majority of the public in Whitstable, will be pleased with the court’s decision.

“I would like to thank everyone who played a part in helping the district judge reach his verdict, especially council officers and those that made their submissions to the original licensing committee hearing.

“In this day and age, people are deeply cynical about their voices being heard by the powers-that-be.

“This judgement proves that is not always the case and they should always make sure they have their say.”

Gorrell councillor Chris Cornell (Lab) also welcomed the decision.

“While the WOFC had made several important changes to the application viewed on appeal, there was still substantial concern by local residents and the nearby yacht club,” he said.

“Hundreds of residents contacted us to speak against the idea. It’s good to see wanton attempts to commercialise our beach fail.”

The WOFC was ordered to pay the council’s costs of more than £50,000.

A spokesman for the firm said: “We are disappointed that the licensing appeal has been refused for a new seating area for The Forge’s customers on the beach in front of the premises.

"This would, we feel, have been an attraction to both residents and visitors to the town, while creating job opportunities.”

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