Council lifts legal threat against cycling clubs who use Velolife café… but then tells owner he can’t let them visit

£7 for a drink and cake!

My sympathies are starting to fade for this place.

I'm a member of one of the local clubs that was sent the threatening letters - it was all over our Facebook page. Someone had, apparently, been watching and noting the clubs from the jerseys. I initially interpreted the letters as being a threat to prosecute on the basis of knowingly assisting someone to breach an enforcement notice.

I've only been to Velolife once, on a club ride, and found it was pretty average and expensive - nearly £7 for a hot chocolate and a piece of cake. I wouldn't have gone back on principle.

I was on a subsequent ride that was due to stop there, but we passed another club group just up the road and it was already packed when we got there with other clubs, so I do have some sympathy with whoever complained. It's quite small inside, given that it's an old pub, and the workshop/shop part didn't help by taking up a chunk of the available space. A few of my group did stop there, but the rest of us carried on home.

Just because someone complains doesnt mean their complaint has validity.  I mean we are talking about silent transport which doesnt pollute.  Its keeping a small village with a focal point alive.  

I suspect with ongoing public interest the council will back down once challanged about these complaints.

Maybe Mr Jeremy Vine could persuade Mr Bob Anwyl-Hughes (Councillor who lives in Warren Row) onto his radio show to explain how all of this fiasco has been allowed to unfold. I, for one, am extremely curious to find out if the complainant and the councillor are both friends and neighbours (seeing as both live in Warren Row Road, Warren Row, RG10 8QS). Or maybe, they are one and the same. 

Lots more to come on this story apparently now the name of the sole complaint has emerged and their relationship with the council in question. Private Eyes' Rotten Boroughs column should be interested

There’s a lot of excitement over on the Twitter channel linked above by Chris Boardman - people are repeating claims that individual councillors are driving this issue, although no names are named.

Warren Row comes under Hurley Parish Council, who don’t publish any parish councillors’ names & addresses.  In general, parishes and parish councillors are regarded by principal authorities (boroughs and counties) as a barely tolerated pretty low form of life. The ward councillors (for Hurley and Walthams)  don’t live in warren Row, nor does anyone else, although, sign of our times I guess, several are c/o the Town Hall.

all that said, I find the Council’s  level of aggression towards Velolife - the injunction in particular  - really surprising, do they do this all the time these days? What previous warnings have been ignored?  What (if any) nuisances have there been from cyclists? 

If he was operating an illegal quarry, putting caravans on a sports field, or holding a rave, this injunction would be a reasonable and necessary step. 

I feel that this is a hole that RBWM just needs to stop digging. It's deep enough, and at this rate they're just going to open a sewer...

Must be a right bunch of snowflakes who live in the vicinity of the cafe, if they are so upset by the noise of people talking during working hours.

They need to try living in the real world (by which I mean inner city areas, to be clear).  For most of us getting anything done about noise nuisance is a daunting and long-drawn-out task, and can only really be attempted if the noise is during the night.  How on earth has the council gotten so involved in a case about mild noise during day-time?  Either someone is very well-connected, or  Windsor&Maidenhead is the land of pampered snowflakes.

I think that some locals (who might just happen to be cyclists) should turn up en masse in thier cars.

They withdrew the letters to the clubs - wow. Previous news items had comments from legal people saying there was no basis at all for the letters and they should not have been issued.

It's almost as though rbwm have done the clubs a favour.

My letter just sent to all the elected councillors...

Dear Councillors

Having made a complete hash of dealing with the so called ‘issue’ at Velolife cafe I was pleased to be informed and indeed to read in the press that your leader had visited the cafe, spoken with the owner and also engaged with British Cycling and Cycling UK to find a resolution.

This culminated in the rash, questionable and highly inflammatory, if not bullying letters sent to cycling clubs threatening legal action being withdrawn. The ONLY sensible move available considering the ridiculous and highly questionable legal position stated in the letters.

So, all good. Even the two national bodies put out press releases, jointly with your council apparently, stating that the sensible resolution had been achieved, i.e.  that a local small business would be supported and cyclists would not be hounded and harassed and threatened with legal action should they visit said cafe. It stated that it was ‘not the council’s  intention to stop people enjoying the facilities there.’

However, it transpires that you have managed to put your other foot straight in the doo dah that you had just managed to extract your first foot from! How so? By simultaneously telling Mr Goodwin, the cafe owner that if cycling clubs visit, or gather, or meet at his cafe you could potentially prosecute him!

Have you gone completely mad? Being made aware of the reckless bullying tactics of your council officer who sent the initial letters it appeared that the elected members were on the back foot hastily beating a retreat and the leader even taking the opportunity for a photo shoot last weekend showing his great support for the cafe and effusing platitudes Trump style.

It appears that that was not the only “Trumpism” though as the council has gone ‘full Trump’ in saying one thing and simultaneously contacting the cafe owner and issuing the same threat of prosecution, this time to the cafe owner himself (perhaps it was my pointing out that they couldn’t prosecute cyclists using planning law as the cyclists had no ‘interest’ in the cafe).

So, cyclists are free to visit and support this cafe, but IF they do so as a club, the owner will be prosecuted! So how do they ‘enjoy the facilities of the cafe’ knowing that if they do it will potentially be shut down?

Your council was the laughing stock of the cycling community before due to its incompetent, laughable (well it would be if it wasn’t so serious a threat by supposedly competent councillors) and now it has managed to sink even lower in our esteem. Do you not think it is about time you took your leader to task over this ridiculous situation? It is starting to look farcical.

Answer me this.

1. Will you issue similar threats of prosecution against parents of children who play a bit too loudly in the street? If not, why not?

2. Will you issue similar threats of prosecution against ANYONE who congregates ANYWHERE in your borough who happens to talk too loudly (in someone’s opinion)? If not, why not?

3. Just exactly how many complaints regarding noise levels at the site has the council received since the business started trading? And from how many different residents? And at exactly what times of day? And on how many occasions?

You still just don’t seem to get it that you are bullying. It was cycling clubs and now it is the business owner. How is he supposed to stop people meeting at his cafe? Is he supposed to employ a bouncer on the door to turn away anyone who turns up alongside someone else? What if he puts a sign up saying ‘no meeting, congregating or talking loudly outside these premises’? Surely that would be him doing all that was reasonably possible to comply with your ridiculous order? 

I still can’t help but feel that proportional balance has gone completely out the window with regards this cafe, which is only open DURING THE DAY. People can’t complain about people talking during the day, and a council certainly can’t be taking legal enforcement action against anyone with regards this, it is completely unjust.

So, do yourselves a favour and for God’s sake stop trying to ‘play’ the various parties involved. Do you really think that national governing bodies will simply roll over and go away when you try to hoodwink them by telling them cyclists are free to visit the cafe once more without threat of legal action? And not tell them that you would prosecute the cafe owner instead? 

You are coming across as amateur not only in your conduct but also in your management and communication style. Your council deserves all the flak it is getting, and more besides. Get a grip.

Yours sincerely

Peter Smith
 

Kafka would be proud.

So the council totally supports the business, they just want to prevent their customers from using it.

Just when you think you've seen the ultimate in absurdity from Trump and his apprentice, RBWM council shows them to be amateurs.  Is there some kind of award for this level of stupidity?

It seemed to be getting all so sensible yesterday.

Luckily the involvement of both CUK and BC should help.

So, if a group of hairy bikers with illegally innefective silencers on their Harleys (for a random example) started stopping at a local McDs on their weekly group rides, would the council then take action agains a burger chain ?
How about if a minibus load of cyclists with their bikes in a trailer all stopped in at the cafe on their way to a ride, would that be a breach of terms ?  I have NEVER heard on an injuction where the actions of a 3rd party could be taken as a breach of someone else's agreement. Can any business legally be held responsible for how their customers arrive at the site ? 
How can they agree to opening a cycling cafe and workshop then say "Oh, but cyclists are not allowed in if they arrive in groups of more than 2 or 3 . . " (And how many cyclists have to be together to be defined as a "group ride" ?