Lawyers to café owner to challenge enforcement notice over meetings of cyclists

Law firm Leigh Day has said that an injunction sought by the Royal Borough of Windsor & Maidenhead could lead to imprisonment for a café owner if cyclists meet at his premises.

Leigh Day said it had written to the council on behalf of Lee Goodwin, who runs the Velolife café and workshop.

Mr Goodwin is challenging the council’s attempt to seek an injunction over an enforcement notice, which was issued in October 2017, following a complaint from a neighbour.

The notice alleged a breach of planning control in the running of the café and sought to stop it running as a combined café, a bicycle workshop, retail outlet and a meeting place.

Mr Goodwin appealed and in October 2018 a Planning Inspector partially upheld his appeal, finding it was lawful for the café to operate as a cycling café with ancillary workshop provision.

The inspector altered the wording in the notice so that it targeted the use of the cafe as a meeting place for cyclists prior to departing on organised rides and events.

Leigh Day said the council have continued to pursue the matter because a neighbour remained unhappy, and threatened to bring criminal proceedings against Mr Goodwin for breach of the enforcement notice.

In July the council applied for an injunction to prevent groups of cyclists ‘congregating’ at the café and against ‘persons unknown’ using the café in groups.

At the first hearing of the application in July, the judge directed the parties to try to reach agreement on the definition of ‘cyclists’ meet’ and seek a workable solution prior to trial of the application listed for 19 November 2019.

British Cycling’s policy adviser, the Olympic gold medallist Chris Boardman, said: “I personally visited Velolife café and I didn't see a nuisance, just a fantastic local business serving the community in a wholly desirable way.

“The café stop is integral part of British cycling culture, serving clubs, solo riders and families up and down the country, making a valuable contribution to the local economy.”

Jamie Beagent, the lawyer acting for Mr Goodwin, said: “It is clear that the enforcement notice as approved by the planning inspector prohibits only the organised meeting of cyclists at the café prior to departing for a ride. The council’s attempts to widen the definition are ill-founded and wholly inappropriate where taking the draconian step of seeking an injunction.”

Windsor & Maidenhead did not respond to a request for comment.

Mark Smulian