The operator of a London Toby Carvery is facing eviction after staff cut down part of an ancient oak tree believed to be approximately 500 years old.
Enfield Council has initiated proceedings to remove Mitchells & Butlers from the Whitewebbs Park site, accusing the hospitality company of committing “a reckless act of criminal damage.”
The carvery made national headlines when the pedunculate oak was felled on April 3 last year.
Council workers discovered the remaining trunk and severed branches of the historic tree, sometimes referred to as the Guy Fawkes Oak due to its proximity to Whitewebbs House where the infamous gunpowder plot was planned.
Local residents expressed devastation at losing what the council described as “an irreplaceable part” of Enfield’s natural heritage.
The council formally served a Section 146 notice on Mitchells & Butlers on October 6, citing serious breaches of the lease agreement governing the site.
Proceedings were subsequently filed at Edmonton County Court on November 4, with the local authority seeking forfeiture of the restaurant’s lease.
A trial is anticipated to take place either later this year or in early 2027, according to the council.
The ‘Guy Fawkes Oak’ has been felled
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The matter was also referred to the Metropolitan Police, which conducted an investigation into the circumstances surrounding the felling.
However, officers concluded there was “no evidence of criminality in relation to the circumstances behind the felling of the tree.”
The incident drew comparisons to the notorious destruction of the Sycamore Gap tree beside Hadrian’s Wall in Northumberland in 2023.
Deputy Leader of Enfield Council Tim Leaver said: “The destruction of the ancient Whitewebbs Oak was a reckless act, which caused huge damage to the tree and cut its expected lifespan. It shocked and angered our entire community.”
The ‘Guy Fawkes Oak’ was over 500 years old
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He accused the company of failing to engage meaningfully with the authority or offer any reparations for the damage caused.
The council has demanded that Mitchells & Butlers issue a public apology, provide financial compensation for the irreversible harm, and cover the significant costs the authority has incurred.
Mr Leaver added: “The people of Enfield deserve accountability.
“We will do everything within our power to ensure justice for the Whitewebbs Oak and seek to make it clear that such reckless disregard for our borough will never be tolerated.”
A pedunculate oak, ‘Quercus robur’, known locally as the ‘Guy Fawkes Oak’ is cordoned off after being felled
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Mitchells & Butlers has maintained that experts advised the tree was dying and posed a risk to public safety before the decision to fell it was taken.
Two weeks after the tree was felled, Toby Carvery chief executive Phil Urban said the company had “acted in good faith” when it authorised the work.
He added: “Clearly, the felling of a beautiful old tree is a very emotive subject and is not something that any of us would undertake lightly.
“I can only apologise for all the upset that it has caused.”
The oak was felled last year
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However, Enfield Council disagrees with this sentiment.
A spokesman from the London council said it believes the tree had around 80 more years to live.
A Toby Carvery spokesman added: “There will be no further comment due to ongoing legal proceedings.”