TABLES and chairs must be pulled out of Swindon eatery if it is to continue trading, planners have ruled.

Manuel's, the Mexican restaurant in Devizes Road, Old Town, was closed by Swindon Council last year.

Officers stepped in when they found the eatery was trading outside agreed permissions.

Owner Maria Paul, who lives in Wyvern Close, Old Town, says she is now in talks with the council to see if she can solve the problem.

"I've been in business here for the last three years," she said. "So I hope something can be done.

"But the council is apparently opposed to me using the place as a restaurant.

"They say if I take away the tables and chairs I will be okay."

Manuel's has five bistro-type tables which can seat ten people. And the venue's speciality is the food of her Mexican homeland.

Maria, who has been in Swindon for 25 years, said: "Small though it was, Manuel's was getting a good reputation.

"We had people come and eat there from Bristol and London.

"I'm sorry for my customers that we've had to close."

But Swindon Council says under planning rules ready prepared food and products can be sold only if there are no cooking or facilities to eat the food on the premises.

"However, the unit cannot be used to trade as a bistro, restaurant, takeaway or similar as this falls under a separate category," said a council spokeswoman.

"A planning application was submitted by Mrs Paul for change of use from a shop to a takeaway in 2005.

"The application was refused and the decision was not appealed.

"After much discussion with Mrs Paul she has continued to trade illegally and we felt it was necessary to enforce the policy.

"We would advise Mrs Paul to find alternative, suitable accommodation for the business or apply for change of use to the unit.

"We have sent a letter to Mrs Paul to this effect and are happy to discuss these options further."