Whether or not they are permissible hinges on whether they are classified under Planning Law as Shops (known as A1 usage class) or Restaurants (referred to as A3 usage class). The number of A3 premises is restricted in East Oxford to avoid destroying the character and diversity of shopping streets - such as Cowley Road.

Both Subway Restaurants have opened up in former A1 premises - but they sell some hot food and have tables and chairs on the premises, two of the criteria used to determine the distinction betwen A1 and A3.

Shops (A1) are allowed to sell food - but typically this is cold food eaten off the premises.

Says local Green Councillor Craig Simmons "The law must apply equally to all. Large multinational companies, such as Subway, should not be allowed to just set up anywhere simply by virtue of their size. And if they are in the wrong, the City Council should stand up to them and defend the interests of the local community who want to see the vitality of local shopping streets retained."