Four planters placed outside Crafty Devil Cellar, the Windsor Road bar, have been confiscated by the Vale of Glamorgan Council.

The bar's co-owner, Rhys Watkins, is accusing the Council of "stealing" the planters as part of a vendetta against his business.

Mr Watkins has been outspoken in his criticism of the Council's new charges for placing tables, chairs, advertising boards and products on the pavement.

He has publicly labelled the timing of the fees "absolutely shocking" and is refusing to pay them until the Council engages in further dialogue with traders. He is campaigning on social media to have the charges delayed until March 2022. The petition he launched garnered 130 signatures.

Mr Watkins believes he is being targeted by the Vale of Glamorgan Council for not towing the line.

The planters were taken the day before Penarth's month-long Festival of Flowers event began on 1 August.

The charges

Introduced on 1 July, the new 'items on the highway' charges have proved highly controversial - drawing criticism from traders, residents, politicians and the Welsh Federation of Small Businesses.

You can read more about the charges here, but they effectively mean the vast majority of businesses will pay more than before the pandemic to place items on the pavement.

During a full council meeting on 26 July, Conservative councillor Leighton Rowlands tabled a motion to reverse the fees. After an impassioned debate, the Council rejected the motion by four votes (21 for, 25 against).

Two days later, Vale Council Neighbourhood Manager Nathan Thomas sent Mr Watkins an email in which he threatened to confiscate the planters if Crafty Devil employees did not remove them by Friday 30 July.

He cited the expiry of Mr Watkins' 'free issue licence'. These licenses allowed traders to place items on the highway for free to help them recover from the pandemic, replacing a long-standing £497.50 flat fee paid every three years.

All such licences expired on 30 June, when they were replaced by the new, controversial fees.

Planters removed

The four planters were installed three years ago after being built by co-owner Adam Edinborough's father and filled with flowers supplied by Lily Pad, the Glebe Street florist.

Mr Watkins did not have to include the planters in any of his outdoor licence applications and the Vale Council had never requested their removal until Mr Thomas did so last week, Nub News understands.

Mr Watkins refused, replying: "If you wish to waste public money on removing these planters which is not in the public interest and is a totally disproportional response to items which actually enhance the town centre, I invite you to do that."

At some time on the morning of 31 July, the Council came to take the planters away.

Mr Watkins says he is certain that the Council is attempting to "bully" him into paying the fees and ending his social media campaign.

He believes they would have come to take the tables and chairs by now but for fear of causing a scene.

A number of other planters remain on the high street, including those outside nearby Wetherspoons. There is no mention of planters or decorations in the new 'items on the highway' policy.

"We feel like we're in Russia," he told Nub News. "They're trying to destroy people who don't agree with them by bullying them, harassing them, and taking away their goods to silence their objections.

"It's despicable behaviour from a Council that claims to be helping small business while in fact making life more difficult.

"The irony is that they took them just before Festival of Flowers began. They're threatening us and it's a nasty thing to do," he continued.

"They picked on the wrong person this time."

The Vale of Glamorgan Council

Mr Watkins has been a Labour Party member for 15 years but has serious concerns over the current Vale of Glamorgan Council leadership.

Highest among his accusations is that the organisation has become undemocratic, overusing its emergency powers in order to avoid scrutiny.

In its constitution, the Council reserves the right to allow the Managing Director, Rob Thomas, to exercise emergency powers after consulting the appropriate cabinet member in the following instances:

1. When the matter does not justify, in his opinion, a special meeting of the relevant body.
2. When the matter is of such urgency or emergency as not to allow time for such a meeting to be arranged.

Although the terminology used in their constitutions vary, the neighbouring counties of Cardiff and Rhondda Cynon Taff exercise equivalent powers.

Between 24 February 2020 and 5 July 2021, Rhondda Cynon Taff Country Borough Council exercised these powers 23 times. Cardiff Council made decisions this way just nine times.

In the same period, the Vale of Glamorgan Council used emergency powers 112 times.

Among these was the decision to implement the new "items on the highway" fees.

The Managing Director said his decision to do so was based on a technicality, and that calling a special meeting was therefore unnecessary. (Read the explanation here.)

Prior to the use of emergency powers, the policy had been put to cabinet and was then debated during a scrutiny committee. Calls to defer the policy's implementation until next year were rejected, with those who advocate the charges winning by one vote.

However, the action has been strongly criticised by local Conservatives.

Conservative Leader on the Council, Cllr George Carroll said, "These charges are highly contentious and in difficult economic times will place huge burdens on business owners.

 

"There was plenty of time for them to be subjected to scrutiny in the usual way.

 

"They've instead been rammed through using emergency powers and there is no justification for this."

Cllr Leighton Rowlands added, "The Cabinet have never formally agreed the policy, and have only ever voted to support it in principle. It should not have been implemented until this had occurred.  

"Cabinet met on 7th and 21st June, where the policy could have been discussed. Instead, the Council opted to push it through using emergency powers, even though time was not of the essence. 

"They have done this to avoid scrutiny from traders and the public. There are serious questions to be answered, and the whole process should be restarted."

The Vale of Glamorgan Council did not respond to our request for comment with regard to the planters, nor have they contacted Mr Watkins since they were confiscated.

However, Council Leader Neil Moore did respond when we put the abuse of emergency powers accusations to him.

"There is nothing remarkable at all about the way in which this policy became active," he said.

 

"The matter was reported to and discussed by Cabinet on 12 May 2021, when it was agreed in principle that the proposals accepted subject to a recommendation that the matter be considered by Environment and Regeneration Scrutiny Committee, with any comments to be referred back to Cabinet. 

"The Scrutiny Committee considered the matter on 18 May and resolved that the report be accepted.  The proposal has therefore been discussed and debated at two separate meetings – firstly by Cabinet and secondly by Environment and Regeneration Scrutiny committee, where the proposals were all accepted. 

"The Managing Director then used Emergency Powers to implement the polcy in line with the Cabinet and Scrutiny agreement. There is a suggestion here that local democracy has been bypassed and such a suggestion is both ludicrous and mischievous.

"Those Members who are concerned at the way this matter has evolved would be well advised to pay more attention to reports that are widely circulated to all members and in future attend the relevant Scrutiny Committee where matters are debated.  That way their comments can be considered and discussed. 

"To cry foul now simply highlights the fact that they failed to engage when they had an opportunity to do so."

The planters are now being stored at a depot in Wenvoe.

Mr Watkins has accused the Council of theft and is demanding that they promptly return the planters to the high street. He is appealing to local businesses to supply CCTV footage of the incident.

UPDATE

The Vale of Glamorgan Council has provided a response.

A spokesperson said:

"The business in question was made fully aware in writing that these planters needed to be removed by July 30 as they are not permitted without an appropriate highway trading licence. The planters form a boundary for the tables and chairs that are still being placed on the public highway during the day, also without a highway licence.

"Every attempt has been made to encourage the business owner to apply for the necessary trading licence required from July 1 for the planters, tables and chairs, but despite this being explained in writing the business owner refuses to comply.

"As the business owners failed to act by the specified deadline, we had no option other than to remove the planters from the public highway.

"Our officers are currently in discussion with the business owner regarding the licence required and hope not to have to take any further action in this case. The business owner has been advised that he should stop trading on the public highway without a licence.

"He has also been advised that we would be happy to consider accommodating the planters on the public highway, should he wish to do this without a trading licence.

"However, this would not be in their previous location, across the footway, where they have already been responsible for an accident involving a pedestrian with a sight impairment."