ROCKWATER has been told to keep its retractable roof fully open after a visit from officials.
The Hove seafront venue has been closing its roof with customers inside amid bad weather.
Pictures showing people inside the building with the roof closed were circulated on social media, prompting complaints the venue was not following coronavirus safety measures.
The Argus visited Rockwater’s rooftop building yesterday evening amid wet weather. The roof was closed, but all the slat doors on its south side were open.
To be considered “outdoors”, according to government guidance, shelters, marquees and other coverings can have a roof. However, at least half of the area of the walls must be open at all times when in use, according to information on the government’s website.
A Brighton and Hove City Council spokesman said: “We’re very keen to support our hospitality businesses so that they can open up safely.
“We visited Rockwater this morning and explained to them that their retractable roof must stay fully open when customers are present in this area.
“We have also asked our Covid marshals to keep this in mind as they carry out their duties.”
Rockwater boss Luke Davis said: “It was a grey area whether having all the slats open gave the required ventilation.
“According to the officers, the roof needs to be fully retracted. We are happy with that and we will be working with those requirements.”
Rockwater Hove is a £3.7 million project by IW Capital boss Mr Davis, who lives nearby, to transform the Western Esplanade venue formerly known as The View.
Last month, Brett Mendoza of the Caxton Arms pub in North Gardens, Brighton, said he was told by council officers that he was unable to welcome customers as the space at the rear of the building was "not Covid compliant".
The news came on a Saturday night, just two days before he planned to reopen in line with the loosening of lockdown rules.
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