Save the Self-Catering Sector in Scotland

by Ralph Averbuch

Save the Self-Catering Sector in Scotland

by Ralph Averbuch
Ralph Averbuch
Case Owner
Originally from Edinburgh, Ralph has operated self-catering units in the heart of the city since 2005. A father to two teenagers, he lives in East Lothian.
64
days to go
£115,999
pledged of £350,000 stretch target from 248 pledges
Pledge now
Ralph Averbuch
Case Owner
Originally from Edinburgh, Ralph has operated self-catering units in the heart of the city since 2005. A father to two teenagers, he lives in East Lothian.
Pledge now

This case is raising funds for its stretch target. Your pledge will be collected within the next 24-48 hours (and it only takes two minutes to pledge!)

Latest: Jan. 23, 2023

Our target just got a lot better...

We are delighted to report that the petitioners met and discussed the Judicial Review with our legal team earlier today. Following that meeting, it has become clear that our financial exposure (assum…

Read more

I'm Ralph. I'm a self-caterer. I was part of the hospitality sector long before the likes of Airbnb.com and Booking.com were a thing. Together with many others in our sector, we face the real threat of extermination under onerous new rules being applied retrospectively across the whole of Edinburgh. This could set a precedent for the rest of Scotland. If you run any form of self-catering style business - one which relies on, or benefits from this sector - then please read on because this directly affects you. It is time to stand up and get behind this campaign which aims to protect your rights and your livelihood. 

WHY? On the 1st of October 2022 Short Term Let Licensing was introduced across Scotland by the Scottish Government. We understand the purpose of that legislation was originally to ensure that holiday properties across Scotland meet health and safety standards. We support that. We were assured by Government that reasonable operators would gain a licence. However, on 29th September 2022, the Regulatory Committee of the City of Edinburgh Council passed the city's own licensing scheme, and it goes far beyond the spirit of the Scottish Government's legislation. In its current form, together with planning regulations, there is no sign that reasonable operators will gain a licence. This must be challenged or self-catering in Edinburgh will be wiped out and the future of events, such as the Edinburgh Festivals, will be at stake. This is about so much more than the four petitioners. We are simply representing everyone in Edinburgh whose business survives on self-catering. This is also about so much more than this city. If the Edinburgh scheme goes unchallenged, then it gives the green light to other local authorities to act against the spirit of the legislation and against the self-catering industry.  

WHAT ARE WE PROPOSING? We are challenging The City of Edinburgh Council’s scheme with a Judicial Review.  In doing so we have agreed as four individual operators to carry the burden and represent our community at large. We will be held liable for all costs incurred. Your support is absolutely critical to make that prospect less daunting and give this challenge the best possibility of success. 

This may be a first for the petitioners but we’re confident that we have chosen the best legal team possible to represent us all. They are absolute experts in their field. Essentially, we have no choice but to raise this action. Everything is currently at stake for our community. We have to act now as the window to challenge the scheme is about to close. 

Alongside myself, three other operators, Louise, Craig and Glenn with support from the ASSC, we are raising a petition to the Court of Session. We have already invested our own time and funds taking initial legal advice and we know that huge amounts of time will need to be invested in our fight. We have strong reason to believe our efforts will have a positive outcome. However, this legal action is very expensive and does not come without risk. We need your help. We can't do it without you. 

OBJECTIVE: Our aim is that reasonable operators should gain a licence. We hope that the  Court will make a ‘determination’ on all or parts of the current licensing legislation. We hope that this determination will encourage The City of Edinburgh Council to go back to the drawing board and create a scheme that is fair, fit for purpose, safeguards the self-catering industry, and is focused on the health and safety of our guests. Our hope is that any determination on licensing will also force a redesign of proposed changes to planning regulations to ensure they also meet the principles of the determination.

HOW?: We need a fighting fund to pay for the legal challenge. 

We encourage anybody who stands to be financially impacted to make a stand by  supporting us. This is our only chance at justice after years of misguided ideas, incorrect facts and myths around our industry, which created the conditions for this legislative overreach.

There will be 4 stages to the legal challenge, with indicative dates, as follows:

  • Stage 1 "Lodging petition for Judicial Review" - Due by 28 December 2022
  • Stage 2 "Permissions stage" - Late February 2023
  • Stage 3 "Lodging of arguments" - Late April 2023
  • Stage 4 "Hearing" - Early Summer 2023

Each stage will require significant legal costs. If the case goes all the way to a ruling that would be Stage 4. 

The purpose of this appeal initially is to raise funds for Stage 1. We must achieve this within the 30-day timeframe. We estimate the cost for Stage 1 to be £80,000. 

Success for the petitioners would be for The City of Edinburgh Council to acknowledge their overreach and to work collaboratively on a better outcome for all parties. This may be before Stage 4 if the legal arguments are successful. It does not have to be that we go to a Stage 4 hearing. However, we need your help to take the case all the way... if that's what it takes.

At each stage we will be reviewing the strength of our case and whether we have the funds to allow us to continue to challenge The City of Edinburgh Council's right to effectively eradicate our sector and livelihoods.  If we think our case is going positively, the petitioners need your support for Stage 2 of the process. This will cost up to £65,000 to proceed on top of the initial sum raised. Stage 3 is £75,000 on top of Stage 2 and, if we go all the way, for Stage 4 it will be up to £300,000 on top of Stage 3. Legal fees need to include paying the other side's costs if we lose. 

Rest assured, we are not taking this action in the belief that our case lacks merit.

Every little bit helps. Please give what you can. If you’re a guest and want to continue to be able to stay in self-catering in Edinburgh, please contribute. If every self-catering owner or ancillary operator running a business which relies on this sector chips in with £1,000 per property operated, we could very quickly meet the Stage 4 target. All funds should be considered as an investment towards the future of your business. Is your survival worth £1,000?

TRANSPARENCY: We realise asking our industry for such significant funds carries a weight of responsibility. For this, we will set up protocols to ensure there is transparency around the process and how funds are being spent. A Chartered Accountant will ensure expenses will be fully accounted for and reported as part of updates to those supporting this fight. 

Everything raised via Crowd Justice goes directly to the lawyers and will be spent on legal efforts to challenge Edinburgh City Council’s interpretation of licensing legislation. Any funds unspent in meeting all legal costs incurred will be returned pro rata to supporters who give £1,000 or more.

This is our hour of reckoning. We must make a stand or accept that the fight is lost. I'm not ready to throw in the towel. I never saw myself as part of the vanguard that would come out fighting this in the courts, but it's a calculated risk. If we fight we could still lose. But if we don't fight, we will definitely lose. 

My self-catering livelihood may survive this political pogrom. But what is the value for any of us in being amongst the last ones standing, if the scorched earth policy of The City of Edinburgh Council decimates and depresses the tourism sector for short-stay letting and all the ancillary businesses we support, potentially for years to come? We have been left with no choice but to fight for our right to exist.

Ralph Averbuch, Self-Catering owner/operator

FAQ

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The following are the initial petitioners seeking this Judicial Review and have each pledged £4,000 to this fight.

  • Ralph Averbuch
  • Glenn Ford
  • Craig Douglas
  • Louise Dickins

With grateful thanks for the support of:- 

  • The Association of Scotland's Self-Caterers
  • The Professional Association of Self-Caterers UK
  • Anna Morris
  • Iain Muirhead
  • Mason & Carr Property Management Ltd
  • Marc Hughes
Update 12

Ralph Averbuch

Jan. 23, 2023

Our target just got a lot better...

We are delighted to report that the petitioners met and discussed the Judicial Review with our legal team earlier today. Following that meeting, it has become clear that our financial exposure (assuming worst-case outcomes) is far less onerous than we were initially led to believe. This means we feel we can now confidently reduce our topline fundraising target to £350,000

This is partly due to the decision of the City of Edinburgh Council to not challenge the petitioner's right to put the case before the court. It's also due to the Scottish Government not entering into the case or objecting to our right to table this Judicial Review. It remains an outside observer. It is only the court now that decides whether the petitioners can go forward to arguments and, ultimately, a hearing later this year.

That said, nothing is absolutely guaranteed and we always need to be aware of possible unforeseen circumstances which may impact the case. However, for now, we feel this is a much more realistic target representing the true total costs. Even better news, this is our worst-case assumption and should the petitioners win and be awarded costs, you will be eligible for pro rata compensation of your donations where your support was £1,000 or more.

Thanks for your support to date. It means the world and we are deeply grateful.

Want to refresh your memory on the who, why and where of this case? Check out our FAQ. Also, check out one of our supporter's personal thoughts on the Planning problems within the City of Edinburgh.

SaveSCinScotland@gmail.com



Update 11

Ralph Averbuch

Jan. 16, 2023

We've bust the £100k fundraising mark!

Just a brief update to, again, thank every one of you that has stumped up to support this fight for a Judicial Review of the City of Edinburgh's hamfisted approach to what's in effect, a double ban by Planning and Licensing of the vast majority of operators in the city. And it doesn't stop there. We know that three other Scottish authorities are blindly following the lead. We must stop this economic self-harm from taking hold before it does huge damage way beyond the self-catering ecosystem. Meantime please share some of these stories with your contacts and colleagues. The harm being done to real people needs to be understood.

Twitter.com/SaveSCScotland

Linkedin.com/groups/12771191/

Instagram.com/savescinscotland/

facebook.com/SaveSelfCatering 


SaveSCinScotland@gmail.com

Update 10

Ralph Averbuch

Jan. 11, 2023

We have developed a campaign of messaging... take a look

It's not just about securing the funding for this fight for fair treatment. It's also about ensuring that the wider public realises that the businesses under threat of extinction are locally owned and operated by people with families and financial commitments. Take a look at some of these messages on our social media channels


Update 9

Ralph Averbuch

Jan. 11, 2023

We have developed a campaign of messaging... take a look

It's not just about securing the funding for this fight for fair treatment. It's also about ensuring that the wider public realises that the businesses under threat of extinction are locally owned and operated by people with families and financial commitments. Take a look at some of these messages on our social media channels


Update 8

Ralph Averbuch

Jan. 10, 2023

160 people have pledged and over £95,000 now raised

It seems like an amazing figure. It is. It gives us the ammunition to fight for fair treatment for everyone that feels under concerted attack for simply operating a small short-stay S/C business. But this is just the start. For details on any burning questions you might have had please check out this FAQ

Meantime, please tell any and all of your contacts in self-catering or affected by the new laws to consider supporting this campaign. We will need it!

Ralph

Update 7

Ralph Averbuch

Jan. 8, 2023

150 pledges and over £90k raised in two weeks

Speaking on behalf of the petitioners and our team of supporters, I just wanted to say a huge thanks to the individuals and organisations which have recognised the injustice of how our sector has been treated and how critical it is that we bring to light the unethical actions of those tasked with creating a new Licensing scheme and retrospective Planning regime. We are now very well placed for the next stages of the Judicial Review. But we cannot be complacent. Only a small proportion have chipped in to date. We need everyone who will be affected to support the cause and take this to a Hearing. 

This is an amazing place we've reached. We can, we will, we are fighting for our right to operate - to exist as a long-standing part of the wider hospitality sector.

Ralph

Update 6

Ralph Averbuch

Jan. 5, 2023

A big thank you from the petitioners

Thank you so much for the recent pledges. We are so grateful and encouraged by your support in recent days which has taken us comfortably through our Stage 1 fundraising target. It's a phenomenal start. But it is just that... a start. We may need a lot more to take this challenge to its conclusion. Every operator who wants to challenge the destruction of their livelihood must join the fight.  

SaveSCinScotland@gmail.com

Update 5

Ralph Averbuch

Jan. 5, 2023

How to contact the petitioners

If you want to contact the Petitioners you can email SaveSCinScotland@gmail.com


Update 4

Ralph Averbuch

Jan. 3, 2023

Happy New Year & thanks for the support to date

Three days into 2023, I thought it was worth updating everyone on the course of our fight for the self-catering sector's long-term survival in Scotland. The great news is we are very close to where we need to be for Stage 1 of this legal battle (see main text). The not so good is that so few of us have come forward to fund this campaign. That may be due to the timing as we launched this effort mere days before Christmas.

Forgetting all the operators who are not registered as Self-Catering Units (but will be affected nonetheless), there are just shy of 1,500 in Edinburgh, a very large number of whom are, under current City of Edinburgh plans going to be refused the ability to continue operating. As of now, 116 of us have stepped up to back this Judicial Review of Edinburgh's tactics.

Bottom line, we need everyone with skin in the game to step up and join us in fuelling this fight. To those that have, I can only thank you for your fortitude and for joining the battle for fair and just treatment. Join the fight and fund this battle for your and our sector's, future.

Update 3

Ralph Averbuch

Dec. 24, 2022

Thank you & enjoy a few days of rest this Xmas

We have made an incredible start to our fight for a fair hearing and Judicial Review of what amounts to a death sentence for self-catering in Edinburgh under its one-two punch of Planning & Licensing. It is so clearly being used as a blunt tool of overt destruction of people's livelihoods. This will be the last update until the 27th. Meantime, if you want to message the petitioners we can be contacted at SaveSCinScotland@gmail.com

Update 2

Ralph Averbuch

Dec. 22, 2022

We need a fight fund to go all the way

Taking legal action is expensive. Any support is welcome but, no matter how good our case may be, if we don't get the backing we need, when we need it, we will be stopped in our tracks. Every S/C operator needs to consider what they would be willing to spend to keep operating. In my case, it is in the thousands.

To contact the petitioners you can email us at SaveSCinScotland@gmail.com



Update 1

Ralph Averbuch

Dec. 22, 2022

Within hours we have reached our initial target

Be in no doubt. To get justice and have an opportunity to contest the lies we have endured for years we need everyone who cares about a future in our industry to step up. We have got to our target in the blink of an eye, but the reality is this is just the start of the battle and to take the fight to victory we will need a much bigger fighting fund. If we don't we won't. Pledge now.

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