Council stomps on small business

COMMENT
Pity the small business owner, to paraphrase Bob Dylan. Shops in Sydney are being: forcibly acquired to make way for white elephants like the CBD Metro and Town Hall Square; gouged for land tax on behalf of their Council landlord; badgered by Rangers enforcing an ever-growing cage of regulation; deprived of custom by disappearing parking spots; and they have to engage frontline with you and me, ‘the public’, which is one of the toughest jobs going.

Now late-night food shops, the latest casualties in the war against Sydney’s night economy, are suffering a veritable pogrom from the City of Sydney and police.

Council has systematically reduced opening hours and opposed applications for late night food outlets in places like Oxford Street, William Street, Kings Cross and even Glebe. They are supported by police who argue such places attract crowds which could cause trouble.

But shop owners say that providing food late at night to people who have been drinking is healthy and positive.

“Selling them burgers or hot dogs calms them down, they are happier and go home,” said one shop owner who asked not to be named – for fear of retribution by the authorities.

Even businesses which have been operating trouble-free are being cut back by Council, which now issues late-night approvals on a ‘trial’ basis, giving them power to shut businesses down almost on a whim.

Council documents show one take-away shop has been in a battle with Council after its all-night trading approval was cut back to 2am after a one-year trial, even though there were no complaints during that time. The owners say the shop, which employs four people, is not viable with 2am closing as most of their trade comes in later.

Police opposed the extended hours, citing an employee caught on the dole and “working as an unqualified kebab maker”, and a 5-man brawl in which one “received a cut to the head”. But the brawl happened at 10.30 pm, not during late-night trading hours, and the shop owners say it happened outside a nearby shop in any case.

Police also said customers “stand on the footpath to dispose of their rubbish after eating, and to wait for a taxi.” The shop had also traded on one occasion later than 2am. On that basis, every take-away food shop in Sydney could be shut down forthwith.

Rubbish late at night is certainly a problem. However the shop owners said they had initially provided bins but Council had ordered them removed because “they could cause trouble.” Shop staff also cleaned up rubbish from the street when able. They had asked Council to install more bins but say they were ignored.

This subplot is not mentioned in the Council documents.

Council’s Safe City Unit joined the chorus, advising that  “trade past 2:00am is not supported, as the premises will encourage intoxicated people to hang around the area and potentially cause violence and adversely impact the residential area.”

This “residential area” is well within a late-night entertainment precinct, so the advice is dubious.

The underlying argument seems to be that any late-night business which attracts customers must be shut down because it attracts customers, a strange approach in a so-called global city that spends a fortune to attract tourists.

Council’s Health Unit advised that no complaints had been registered with Council during the trial period.

The shop obtained testimonials from several surrounding businesses which said the revitalisation of the retail strip – which had previously harboured several closed and shuttered shops – had improved late-night amenity. A vast body of urban literature agrees that closed shops reduce amenity and attract trouble, especially in Sydney where Council refuses to clean the entrance areas of vacant businesses and does not force landlords to do so, resulting in filthy eyesores.

The shop also collected a petition of 100 signatures in support of the late trading hours.

Council eventually half-relented, granting a further six-month trial of the late hours, after which the owners have to apply once more and again run this bureaucratic gauntlet. Many such shop owners have poor English and simply give up under the pressure.

But wait! This small shop was not to be let off too lightly. Council required that the shop employ a security guard. The owners say this is unfair as none of the surrounding shops have to employ one, and it would increase their wages bill by 20 per cent. They would be willing to share the expense of a guard among all the neighbouring shops but this seems to be in the too-hard basket at council. If the shoe was on the other foot and someone reduced the bureaucrats’ wages by 20 per cent, the shock and dismay might echo Krakatoa.

This small saga suggests that Council’s imposed trial periods are little more than a mechanism for bullying businesses. Council’s report shows no compelling reason to potentially drive someone out of business, reduce employment, leave public demand unsatisfied and present the street with closed, dead businesses. But the authorities do not care, happier to act the bully.

One shopkeeper says he recently told a Councillor he would appeal to the Land and Environment Court. The reply was, “No you won’t, you don’t have enough money.”

He says when he made an appointment to speak with police about their concerns he was sent on a runaround among three police stations, and later made to wait hours until 4am before being rudely told to go home.

Council is growing ever more ruthless as, backed by police, it tramples underfoot small operators in its war on nightlife, denying the fundamental role of any city as a destination for work and entertainment.

That’s one view. When asked for comment, Council replied:

“Businesses who seek to be awarded extended trading hours must demonstrate that they operate responsibly and in the best interests of the local community.

“The City encourages a broad mix of night time uses with wide community appeal and encourages places that can contribute to city vibrancy and culture, consistent with our Sustainable Sydney 2030 plan for a more diverse and lively night-time culture.”

by Michael Gormly