Restuarant bosses hoping to move to Sheffield will appeal a licensing decision banning waiters carrying food and drink to the upper floor.
Carribean-themed restaurant chain Turtle Bay wants to move into a vacant unit of the former National Union of Mineworkers building on Holly Street in Sheffield city centre.
After ironing out some issues with health and safety officers at Sheffield Council, both parties were deadlocked as Turtle Bay chiefs wanted waiting staff to carry food and drink to the mezzanine level where an extra 32 covers would be situated.
But councillors on the licensing committee gave the restaurant the green light but forbid waiting staff with food and drink sharing a staircase with customers.
Council health officers claimed the staircase posed a ‘serious risk’ of potential ‘conflict’ between staff and customers.
A source at Turtle Bay told The Star they still were keen on moving to Sheffield but the current licensing condition was 'unworkable'.
A Turtle Bay spokesman said: "At the moment we are planning an appeal. We're trying to find a possible solution but it's becoming complicated. It's early stages but we're pulling our case together.
"We really wanted use of the stairs to transport food and drinks - you can't put drink in a dumb waiter (food lift) as it's not hygienic.
"The licence we've got at the moment is not satisfactory and is unworkable.
"We still are very keen in coming to Sheffield, we want to press the button to get this going but this whole process will push it back by at least six months."
Earlier this month, Turtle Bay legal representatives told councillors at a hearing the chain had 'no problems' with any of their other 34 restaurants which included six with stairs.
Licensing chair Coun Alan Law said on the original decision they 'welcomed' the restaurant to Sheffield but 'had a duty to keep people safe'.