An open letter to the Mayor of Tower Hamlets, John Biggs.
I am writing to appeal to your conscience and sense of justice, in the hope of achieving a satisfactory resolution to a somewhat laughable dispute that is ongoing between ourselves, Isambard’s Cycles, of 145 Bethnal Green Road, and the Tower Hamlets Enforcement brigade.
The pavement outside of our shop is 5.5m wide. For the past 18-20 months we have been using 1.5m of that pavement directly in front of our shop to display the bicycles we sell. Like many other shops on the road, we are under the impression that the land registry records designate the area of pavement that runs over our basements as a part of our property to do with as we see fit. (Whether or not this is the case is a point that requires resolution, and perhaps you can help in that regard, but it is not the purpose of this letter.)
On 5 November 2015 we received a visit from two Tower Hamlets Enforcement officers, who proceeded (with very little by way of explanation) to ‘caution’ us and instruct us that we would be issued with a Fixed Penalty Notice for 'obstructing a public highway’. I tried to ascertain on what authority we were being cautioned but the question solicited no meaningful response - merely a repetition of what had already been said: “You have the right to remain silent…it may harm your defence if you do not mention when questioned…&c &c”.
We wrote an appeal letter (included below) explaining that we had receive the Penalty Notice without any warning or prior conversation, and for an 'offence’ that we had unknowingly been committing, consistently, without any recrimination whatsoever, for over a year and a half. At the very least, it can only be fair in such circumstances to issue a warning, with which we could comply, before fining us. The reply came back this morning:
“The representation we received on November 9th 2015 has found the Fixed Penalty Notice Theo 05630 to have been issued correctly” and that “no further correspondence will be entered into”.
No opportunity for appeal. No chance for discussion. Kafka is in Tower Hamlets, and he writes for the council.
A few days after that first visit, we had a visit from a different Enforcement officer who was reasonable, even personable, by comparison, and told us that we had a week’s grace but that from Monday 16th November there would be, in effect, a zero tolerance policy with regard to merchandise or signage displayed on the pavement.
We have applied for a licence for street trading, but are told this may take many weeks to process. In the meantime, we are prohibited from displaying goods on the street with almost immediate effect, the upshot of which is that we will be able only to operate at about 30% capacity, because our working space will be full of bicycles. Even if we fully comply with these instructions, we’ll still be penalized.
In addition, we have been informed that the sandwich board which we use to make ourselves known to prospective customers is also an offence, and we will similarly be prosecuted for displaying it in the street. To add insult to injury, we were also made aware that the timing of the disposal of our waste was also going to be meticulously policed in future - and that we have half-hour time slots in which to put our bins out. All well and good, except that two of the three daily slots fall outside of our opening hours, and that during the 2.30-3.00 PM slot (during which time we are open), we can dispose of general waste, but not recycling. Our choices therefore are: to come in to work several hours early/ leave several hours late, receive regular fines, or, simply, to throw all of our waste - cardboard, plastic bottles, cans, glass, paper and all - out as one, to be incinerated en masse. We are facing the prospect of being fined for recycling. I don’t suppose the bizarre and arbitrary senselessness of this proposition requires much explanation.
Like many small businesses in the borough, we are struggling. We work incredibly hard for incredibly long hours to pay the rent. And the rates. And the bills. And the licensing fees. These make up an ever increasing percentage of our turnover. We continue because we care about what we do, and because it is small businesses, and the individuals who run them, who make this area so rewarding and enjoyable to live in - so diverse in atmosphere and purpose and outlook, and so culturally rich as a consequence. But the corporate world is rushing at us - Starbucks, Pret, Costa, Subway, Sainsburys, Tesco - these multinationals and others like them have all moved into the immediate area and are here to stay. The actions of the council - their willingness to allow such an influx, and the punitive measures that are being taken against small businesses in parallel - if allowed to continue unchecked will, in a few short years, mean the end of the diversity of people and businesses that have made the area what it is today. Another Identikit street-scape is in the offing. And we, along with all the other struggling businesses that we count as neighbours and friends, will be lost to waves of multinational money that are bringing these changes. We are writing to appeal to you to stand against them.
Please find attached our appeal letter dated Nov 9th, and the response we received. We would appreciate a reply at your earliest convenience.
In the interests of disclosure, I feel we should point out that this has been written as an open letter, and will be shared across various channels.
Timothy James and Sarah Breese
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