Forum Topic

Hounslow's tone-deaf licensing fees

For all the talk of healthy streets and current measures being taken to provide for distancing, take this into consideration when wondering why businesses remain shut, continue to shut or don't avail themselves of outdoor space: Hounslow hasn't changed its pavement licensing fees.Their only concession is to reduce the consultation from 28 days to seven. All other fees remain as they were before the pandemic. Translation: pay what you normally would but don't use it to the same extent. Info I had to struggle to find. Other councils have loads of easily available info to help businesses recover, maximize potential and provide distancing. Not so LBH.Westminster abides by the current draft guidance kindly shared by Michael Robinson on another thread. Venues can pay a flat £100 fee for a 12-month pavement license. Available adjacent space can also  be accessed be it pavement or roadway. This mimics the policy in New York City.Just this week, Hammersmith publicised its "Our Space is Your Space" scheme allowing, among other things, venues to spread out across neighboring frontage to provide distancing and/or more tables. I have yet to learn what related fees are in LBHF.For comparison, the cost to use two square meters of pavement for 12-months in LBH would be £462 versus the £100 flat fee equivalent in Westminster. Take a look around, folks. Two square meters allows for nearly nothing in normal times, even less now. A table for two uses roughly two square meters. So to provide outdoor, socially-distanced seating for ten requires a minimum of 20 square meters. Perhaps more. Fees in Hounslow are as follows: £123 for application (6-month license) and £54/square meter used. So, for a twelve-month license it would run any Hounslow business £2406 per year. It would cost any Westminster business £100. This from an outer borough. At a time of crisis.Do the math.It doesn't add up.

David Lesniak ● 2298d63 Comments

David,The government draft guidance for pavement licences I provided a link for is part of the "Business and Planning Bill 2019-21" which is currently working its way through parliament. https://www.gov.uk/government/publications/pavement-licences-draft-guidance/draft-guidance-pavement-licences-outdoor-seating-proposalThe next link shows what needs to be done before it becomes law. I couldn't find an exact date when the legislation will be passed other than "end of the month" (and I'm not defending how parliament goes about its business...)https://services.parliament.uk/bills/2019-21/businessandplanning.htmlThe guidelines say the consultation period is 5 working days so I'd have thought Hounslow must follow this when the legislation is passed, along with all the other requirements.As you say, it seems other councils have already changed their licensing in anticipation of the new legislation.  I had posted these example before on another thread but you may have missed them.Enfield has introduced new pavement licensing guidelines in advance of the government passing legislation.https://twitter.com/BetterSt4Enf/status/1279132131135021056?s=20It looks like Wandsworth has done this as well (there are lots of tweets of Northcote Rd closed to traffic - it looks great)https://twitter.com/rorymeakin/status/1281969164496908295?s=20https://www.wandsworth.gov.uk/news/july-2020/council-secures-al-fresco-green-light-for-northcote-road-s-pubs-bars-and-restaurants/I agree that I don't see what is to be gained waiting for legislation given some other boroughs seem to have already implemented it.Is this something to raise again to Hounslow licensing and councillors citing the examples of boroughs that have changed their licensing policy already?

Michael Robinson ● 2298d

The legislation to allow local authorities to make changes that will then be covered by insurance should something go wrong such as a car mounting a pavement crashing into tables and injuring people has not been passed. So the council is under no obligation to put public funds at risk so you can extend the limit of your business. And shouting about what you see as if it were a human rights issue is quite frankly at this time in the worlds history a bit much.  The councils priorities right now are the people who live in the borough first and businesses second. Many Chiswick businesses took part in helping emergency front line workers with meals. Some helped as volunteers. At a time when people cannot bury their loved ones in their appropriate manner and are unable to visit their shielding relatives I think your cheap headline grabber is quite frankly tawdry and insensitive.  The council workers have stepped up to the plate as far as help for small businesses are concerned especially ones that have staff.  There are regular bulletins out telling people about money they can apply for at this time.  There are thousands of unemployed people in Hounslow who were sacked by airlines and have real problems feeding their families paying their mortgages or rents and staying safe. It is your right to complain about things effecting you and yours but give a care people did not take kindly to Richard Branson's begging bowl. We also have a few more hurdles to go through in this pandemic and we have been let out to play far to early and will be paying for it dearly in the coming weeks.  As someone shielding due to the virus meaning certain death your cakes are not on my priority list for food right now.

Caroline Carney ● 2297d

They would be most likely fined as the legislation is not law yet.  I did not rant and I made no mention of the business concerned.  I did not say that Mr. Lesniak had not helped in the time of crisis I simply wished to point out there are much more serious things for local authorities now to consider.  I did not rant I explained my feeling on the matter.  I did not shout as Mr. Lesniak did and I did not say anything rude to him.  If you don't like people speaking about such matters they feel very angry about then stop posting your own anger.  Free speech works 2 ways you say your piece and everyone comments on it there is nothing that says Mr. Lesniak has no right to say what he said. he is understandably worried himself about how to make ends meet and will his business go under but so are every other business in the High Rd and greater W4 area.  The difference is they are not shouting about it they are mucking in and getting on.  They also seem to understand something Mr. Lesniak doesn't. When local government has no legal duty it is their choice what to do in the interim.  Maybe they chose to wait for the legislation because like many other authorities they are worried about the next stage of the virus when we have not actually gone fully through the first according to the scientists.  If I was him I would be shouting at the government who are delaying passing the law because they too are expecting more to come.  Given the horrendous way people behaved during the lockdown when they came to Chiswick to empty our supermarkets and have picnic's on the green with no masks or 2 meters apart I am surprised we have not turned into Leicester yet.  As a wheelchair user I would welcome legislation that limits tables and other street furniture near parking spaces and safe drop off points as I know of a number of near misses that happened before the lockdown.  If we had an emergency government with party representatives this may have not happened as it did.  But it did and they are still incompetently waffling on

Caroline Carney ● 2297d

Caroline-It appears my post has offended you. My apologies.In point of fact, my partner and I both live and work in Chiswick and have done so for the past twelve years. We are one of those businesses who pivoted the best we could to help out front line workers with our EMT friend Martin's help. We even delivered £1 bags of flour for free to those isolating. Not really a money-maker, that. But we did so to serve a community in dire need and we chose not to inflate prices which would have penalized folks who had little option available. We also have staff. So I'm a bit mystified how you support the likes of larger companies getting aid for those in the aviation sector, as an example, but you are downright angry that the shops serving your very community should simply sit back, relax and continue to get pummeled. Dare I say you're missing a trick? Without shops you won't have a High Road. And LBH is now the only borough to my knowledge that has RAISED license fees by charging the same but allowing less use of the space. Other councils have recognized the urgency of the situation not just for hospitality, but for all High Road businesses. So much so they have WAIVED the fees and expedited consultation. Today I've learned the Crown Estate is now charging rent for tenants based on takings, not market rates (as if they apply any more) in an effort to prop up those businesses renting premises from them. All an acknowledgement the economic storm has just begun. Have you any idea what Chiswick landlords are doing? I do. Some are demanding rent get paid and others are letting arrears accrue as if all will be well eventually and that debt will need to be repaid. You can add to that things like utilities, insurances, other pertinient license fees, etc., etc. So please explain why you think it acceptable to be charged £3500 for something another council would only charge £100 for? And why any business of any sort in any location should be saddled with such a burden at a time like this? I'm also curious if you think I'm not having problems feeding my family and that of my staff. Or my rents. Or other bills. Because even taking this issue out of the equation for argument's sake, business of late has been shit. For everyone. And that will only trickle down back to you. So have a think about that.But I will admit with rants like yours I often scratch my head and wonder why doing anything at all community minded is worth it.

David Lesniak ● 2296d

"incompetently waffling on"Indeed. Hounslow Council is doing just that.In addition to mucking and getting, we are shouting. We are multi-faceted that way.There are multiple examples of local councils actually leading and taking initiative in the interim to help business. Hounslow is not one of them. It never has been.Instead, it chooses to throw up literal and proverbial road blocks. I believe speaking out is what you call holding to account, is it not? I'm unaware of yelling. YELLING LOOKS LIKE THIS. Not this.Please note two things with respect to those who are physically challenged. Years ago we applied to build a ramp but were refused by Hounslow on the grounds it would limit the ability to re-open that bit of Chiswick Lane long since closed before we got there. We pleaded with them to include whatever contractual wording they saw fit obliging us to remove any ramp upon their demand. But no. Secondly, what is being done with emergency seating, lets call it, is to adhere to all requirements regarding setbacks and clearances. Other than that businesses are free to use the space. Hammersmith calls it "Our Space is Your Space." They, too, are a Labour led council.And because we know other venues nearby are short on pavement space, we contacted them to let them know we would be raising the issue and we have made a provision for roughly a third of the seating to be made available to the general public and other venues. Mind you, we get left with the trash to clear up, namely from KFC, but if that's what it takes for everyone to benefit then so be it.

David Lesniak ● 2296d

"Hounslow should lay down guidelines to follow and then de-regulate this until we reach some version of normality."Bingo. Precisely that which other boroughs have done.In an email to all the usual suspects yesterday, we told LBH effective immediately we will be putting out tables and chairs in line with current setback/clearance guidelines. Approximately a third will be available to the general public and other nearby venues who don't benefit from expansive pavement. We pledged to keep the area maintained. We will pay the £123 fee which is 23% above the £100 pound cap set forth by other boroughs and current draft guidance. Ruth Cadbury replied. Respectfully, we'll see if that translates into anything as she has a history of responding but then dropping the ball. I questioned LBH transparency on existing applications given LBH is taking payment as usual yet things change on a daily basis. Same fees but less space means an increase. To increase fees there must be a consultation as LBH laid out meticulously in 2017 when it raised them to current levels. No consultation occurred which begs the question if what's being done is legal at all.Good to know that during times of economic crisis, the party that's all about jobs is focusing on transport. Not employment and stabilising the economy let alone laying groundwork for recovery. But a pet project.If there is an agenda, great. Figure out a way to pay for it. But when campaigners steadfastly refuse to pay even the slightest of fees, they only have themselves to blame for getting what, ironically, they so richly deserve. Here's a thought: have a lottery akin to the NHS lottery. So if cycling/environment/urban re-design is your thing, buy a ticket, fund your interest. Maybe even win a few bucks.But when the rates switch gets flicked back on, hopefully in Hounslow businesses will still be standing to pay into the system. If not, feel free to pedal past the abandoned shops on a crappy temporary cycle lane. You might have some chains left, but that's about it.Side note: when Hanif Khan took up his current role I met with him and Ruth Cadbury and suggested the decorative parklet units used on Hammersmith Grove be used to convert the existing bus lane into a cycle lane. It would have been temporary, adjustable, green, quick and in line with the CS9 strategy of removing the bus lane (a hot button, granted, but scheduled to happen so why not test it out). Perhaps thank them for what's about to come.

David Lesniak ● 2294d

Caroline -Again, I'm not sure what your issue with me is, but do please continue to embrace it.As for the whole picture, it is far more detailed than a simple PR bulletin.Did you know other Labour councils enacted these guidelines on 3 July?Did you know the new law says absolutely nothing about "working days" while the LBH application link refers to "7 working days from the day AFTER the application is made (excluding public holidays)?" The law, as passed by Royal Assent states clearly " "an application for a pavement licence is made ON THE DAY it is sent to the local authority." Given the application process is done online, quite literally the clock starts ticking upon hitting SEND. If one were to apply on a Friday, you'd run the risk of losing out on three weekends of trade given the Hounslow specific of "working days" which is in direct contravention to the law as passed.Did you know other councils allow businesses to trade with new furniture in place while the application is being processed?Did you know under normal circumstances LBH charges £54/square meter while other councils charge £3 or nothing per square meter?So when people ask why Chiswick isn't like other places with loads of street life under normal circumstance as well as getting reports of late with businesses spreading out across adjacent premises, there is one reason - LBH gets in the way of that. They do not engage. They frustrate. They contradict. They over charge. And now, they are contravening a new law.I know you like to snipe about businesses not getting on with it. In that context, I know of an example of a business that put out benches for 5 years without incident only to be made to remove them during shutdown. At the very same time elsewhere in the city, boroughs were actively engaging with traders trying to maximize options and telling them not to worry about paying the £20 fee in that borough, that it was more important to get them up and running and they could pay the fee when they could. Read that again: £20.Did you know the local police told the venue mentioned above to ignore the council and just put the benches back out?Did you know the same local police told me people couldn't sit on our benches even though customers abided by the then 2-meter distancing?So while you gripe, businesses are fighting furiously in the background to make sense of the non sensical, contradictory LBH "policy."And do also consider this - without these businesses ultimately paying back into the system, the specialized care you require will be jeopardized. So in a way, how dare you not connect those dots. You actually depend on all of us surviving.And yet you support a Leader and a council that threatens that very possibility each and every step of the way.Brava for supporting that.

David Lesniak ● 2291d

"To be fair to the officers they don't formulate policy they implement it"To be fair, the Leader had the ability to implement the draft guidance like his Labour colleagues did in other boroughs on 3 July.Steve Curran did not.His Labour Cabinet did not.It was a deliberate choice.And now, as of last night, I have learned the application portal is not functional.A window asks only for your postcode. You complete that page and hit NEXT only to be alerted to an omission: your street address. Yet the original window has no slot for precisely that. And that happens several times during the process.Timing out. Erasing input. Payment confirmation on one window. Payment failure on the next. No address drop down array in the payment verification window (my second favorite).And my number one: no mention of the required COVID Risk assessment on the LBH checklist sent so you are prepared to apply. So as you come across that bit in the application process, and then you scurry around to find it, you time out and all input gets erased so you have to start anew. No mention of COVID documentation on a COVID specific application? Negligence? Ineptitude? How to choose?Some will likely call it teething pains. But we are already three weeks behind and now we must endure teething pains??? Oh hell, no.But I'm gonna guess, legally speaking, the time-stamped "payment confirmation" on LBH letterhead is good enough to get the 7 day clock ticking. Not the "working days" LBH devised, but the days referred to in the law itself. Otherwise we have LBH acting outside the law.

David Lesniak ● 2290d

Did you know the new law says absolutely nothing about "working days" while the LBH application link refers to "7 working days from the day AFTER the application is made (excluding public holidays)?" The law, as passed by Royal Assent states clearly " "an application for a pavement licence is made ON THE DAY it is sent to the local authority." Given the application process is done online, quite literally the clock starts ticking upon hitting SEND. If one were to apply on a Friday, you'd run the risk of losing out on three weekends of trade given the Hounslow specific of "working days" which is in direct contravention to the law as passed.An Application is made on the day they get it.  The license is not granted until after they have investigated and are sure A public safety B relevant insurance is up to date and C there are no objections from other businesses or TFL re bus stops and station entrances.. I know Hounslow are tough on this matter as evidenced by their stand on Sam Harrison's request for external tables which I disagreed with them on.  An application is not a license it is an application for a license.  They do working days as the staff who provide this service work 5 day weeks. I am not anti business as you suggest I am anti people shouting their mouth off about something that was in the pipeline.  How about if in future you get all the business's effected by this and have a meeting with te department and the cabinet member.  You could have done this via your local councilors and maybe all of the business's in Hounslow would be benefitting from that.  i don't know if you did this in any way as your initial post did not say anything about meeting the officers or the council.  I did not snipe Mr. Lesniak.  I am incapable of sniping owing to the fact I have no problem coming out and saying what I feel is necessary for the given situation.  Have you by the way encountered the psychological study of transference? Noam Chomsky has discussed it at length and I see it growing more and more as a phenomena on the internet.  I would be quite happy to say all the things I have said to your face.  i do not hide behind social media as anyone who knows me will tell you.  I cannot do it now because of the virus and the fact that I am on the NHS list and shielding but i would be happy to meet you and discuss this or anything else you would like to at some point in the future.  I care very much about this borough I have lived in it for all but 11 years of my life and I am 58 now. There is a very diverse and vibrant community across this borough and the business's are many and are an intrinsic part.  I have been involved in the voluntary sector here since 1986.  I was the chair of Hounslow Community Network for 5 consecutive years until ill health took over.  On your last point.  You know nothing of the care I require nor of how it is financed so best not to go there unless you understand social care in this country to the extent I do. Your business's payments to the local authority do not go anywhere near elderly or disabled care so as I said don't go there or you will start to sound like you think vulnerable people should not be cared for within our society.  As to your points on monitoring of benches.  It was the police who made the mistake of telling the business they should put their benches back.  All street furniture was removed because the government did not want an area outside where people could congregate and put others in danger. Hounslow council was required to follow guidelines set by the government. I have had quite a lot of business dealings with Hounslow council and I am a member of the Labour Party so I have met Cllr Curran a few times and he knows me on site as I do him. We are not friends we do not socialise and I do not support the council leadership on quite a few things.  I have however worked in local government and many years ago for the LB Hounslow and as an active trade unionist I saw how staff are treated by people with an axe to grind be they public or councilors it takes a heavy toll on everyone so if you want a good working relationship with council staff don't blame them for the governments or their bosses policies  they may actually agree with you and when they do they make those views known via committee and management. Council staff are like civil servants neutral and still there when the regime changes.

Caroline Carney ● 2290d

Caroline I hope you feel better now.Again, I'm flummoxed you miss key points.Hounslow is not abiding by the spirit nor the letter of the law as written and intended. Other councils clearly stipulate the application is live the day it is submitted, Hounslow says the day after. Other councils let you use the pavement the moment you submit your application whilst it makes its way through consultation. Hounslow simply does not. One tack is supportive of struggling businesses. The other clings to bureaucracy adding additional burden. And yet you gloss over the impact that will have on business recovery and recovery of the entire community be it economic or emotional. Wouldn't it have been nice to see new seating arrangements and creative solutions as we emerged from this nightmare? Wouldn't it have been grand to see businesses maximize potential in time for July 4th and then again for Eat Out to Help Out? But we couldn't and now we will be late but not by our own volition. Plenty of examples from around the city and around the world. Just none in Hounslow. Yet. Why wait for that? What's the reason? What's the motive?You may have noticed the 5-day work week is a thing of the past. Ask anyone working from home these days. Hospitality venues, the very target of this new policy, run 7 days a week. The internet runs 24 hours a day challenging retail businesses. And yet government plods along as if it were 1962. It's not rocket science why High Streets and malls suffer. The pace of government doesn't help. Internet tax to level the playing field, anyone???And yes, I shout my mouth off. Because you expect us to sit back, wait and enjoy it. Shame on you. No different than me saying wait for your care while your mate gets precisely what she needs when she needs it. You? You should keep quiet and wait. After all, Caroline, its in the pipeline.You're right, I don't know about your required care. But I do know when I'm being patronized. I also know enough of how this system works and I know when businesses aren't paying into it and businesses shut so customers aren't paying into it either, an enormous problem emerges. Where do you think the money for social programs comes from? The sky?And no, Caroline, all street furniture was not removed. In fact, police suggested it be used. An enforcement officer told us customers couldn't sit 2 meters apart on our benches but they were okay to walk 10 meters to sit 2 meters apart on the public benches that never once were roped off. All two of them. Which was ridiculous given the directive to get out and exercise. So we spent a week ripping out plants we paid for and spreading mulch that we paid for around the perimeter of the raised bed that we pay for in order to provide more surface area for more butts. How utterly dastardly of us, don't you think? And then I read a story of how Hammersmith provided loads of public tables and chairs in White City for everyone. Hounslow did nothing. Nothing.LBH took a nearly punitive stance as opposed to a conciliatory one. Until you have them storming in without ID threatening fines, you will never know. But I do as do several other businesses.So, again, a factual comparison can be made. Labour councils elsewhere engaged with businesses encouraging them to utiliize the pavement and get seats out PRIOR to the formal enactment of draft guidance and DURING any subsequent consultation. Hounslow sat on its hands. Do you not see how that imperils the delicate economic balance of pre-COVID as well as endangers the recovery of a shattered economy now?I also find it quite odd you failed to rant on the fact the application portal for the new license is not functional. As in, you can't use it so you can't apply and you can't progress.You seem to think I only have my own interest at heart. Not that of my staff. Not that of the community at large. Not that of my nearby colleagues and competitors. You also seem to think I haven't been in touch with local councillors. Or Steve Curran. Or the rest of the Labour Cabinet monopoly. Ask them. I annoy the crap out of them (but hopefully in a good way). Did you know I engaged with Guy Lambert procuring food for his initiative during this pandemic? In the back of my mind did I wonder if that gesture might translate into something? Indeed. Did it? No. Am I surprised? Sadly not.And do you really not think all of the businesses will benefit because I have the balls to speak up? How on earth to you get that math? I wonder if that's why they thank me...

David Lesniak ● 2290d