The operators of Christmas Winter Wonderland in Clacton have been warned that they are committing a criminal offence and risk further legal action by opening for business.

The attraction, being run from St Johns Nurseries in Earls Hall Drive, was served with a Temporary Stop Notice by Tendring District Council on Tuesday.

The notice required the activity to stop immediately for 28 days.

Winter Wonderland closed early on Tuesday, remained shut throughout Wednesday but then opened up again on Thursday and yesterday.

Nigel Brown, Tendring District Council's communications manager, said that the company is in breach of the Temporary Stop Notice and that is a criminal offence.

“The Council wrote to the operators yesterday to warn them of this fact and telling them they need to comply by closing Winter Wonderland,” he added.

“Should they not do so the Council will need to consider what action to take next. However, possible further legal action will be avoided if they close down immediately.”

Mr Brown said the attraction is currently operating without planning permission and it is therefore unauthorised – a fact that the operators are well aware of and have had a year to fix it.

“We have tried to work with them over a period of time to resolve the various issues – such as highway safety and traffic congestion – which have occurred last winter and again since they opened this year,” he said.

“However, this has proved unsuccessful and the measures required have not been put in place.”

The company have had months to submit a planning application but did not do so until October, which was literally just before the attraction opened and at a time that meant it could not be determined before the Christmas period was over.

“TDC welcomes business and events and has a good track record of doing so but safety and complying with the law is a priority,” Mr Brown added.

Essex County Council, as the highways authority, raised objections to Winter Wonderland operating under the current circumstances when it was consulted as part of the process. It felt the activity was in conflict with highway safety and caused traffic congestion.

TDC has also received complaints from local residents over the same concerns.

A spokesman from the company, who wished not to have his name printed, said: "Well this is just an ongoing thing with the council and this is more to do with paperwork really.

"We are working with the council and enquiries are ongoing, so I really don't want to go into any real detail but what I would say it that it is a complete mis understanding."