Assets of Community Value – how to nominate a pub.
With all pubs and bars closed due to the Coronavirus (COVID-19) pandemic it is possible that some pub owners will be considering recovering any financial losses by selling some pubs. There is a real danger that we will see some of our local pubs closed, used for new purpose, or demolished for redevelopment. Thankfully, this closure process is now slightly more difficult thanks to the Town and Country Planning (General Permitted Development) (England) (Amendment) (No 2) Order 2017. Owners now must apply for planning permission to change a pub:
- to a shop;
- to a restaurant or café;
- to a state funded school;
- to a temporary flexible use; or
- to be demolished.
Most local authorities have weak pub protection rules anyway and it is still far too easy to lose a pub to other uses or demolition and redevelopment.
In addition to this planning law, a tool called the Community Right to Bid, also known as Assets of Community Value (ACV), gives people the chance to bid to buy and take over the running of pubs that are of value to the local community. Community Right to Bid allows communities to nominate pubs and land for listing by the local authority as an ACV. If the pub comes up for sale, the community can ‘pause’ the sale and are given up to six months to find the funding required to buy the pub.
Lists of ACVs are managed by the local council.
If a landowner wants to sell a registered property, they must tell the council.
If a community group wants to buy the pub, they can trigger a 6-month moratorium to give them a chance to prepare a bid for it.
During this period, the owner cannot sell their property on the open market.
This gives community groups an increased chance to save much loved pubs, or other local facilities by developing a proposal and raising the required capital.
At the end of the 6-month period, the owner is free to sell the asset to whoever they wish and at any price.
Nominations.
Who can nominate an ACV?
Only eligible voluntary and community organisations can make nominations, not individuals or councils. The organisations must:
Have a local connection to the property they wish to nominate; this means that its activities are wholly or partly based in the local authority area the pub is in or a neighbouring local authority.
The organisation must be one or more of the following:
An unincorporated community group with at least 21 members who are registered to vote in the council area of the pub.
A parish council
A charity
An industrial and provident society
A local neighbourhood forum
A company limited by guarantee or a community interest company (CIC).
How to nominate an asset of community value?
A nomination must include certain information. To ensure that you comply with the requirements.
The nomination must include:
The address of the property.
Details of the owner and current occupants.
The extent of the site and its proposed boundaries.
Why you feel it is an asset of community value.
What counts as an ‘asset of community value’?
A pub is deemed to have community value if:
the use of the pub currently, or in the recent past, furthers the social well-being or cultural, recreational, or sporting interests of the local community,
this use (as described above) of the pub will continue to further the social well-being or interests of the local community,
the use of the pub must not be deemed ‘ancillary’, i.e. of secondary purpose. This means that the use of the pub to further social well-being or interests of the community must be its principal use. That is what pubs are for!
What happens following nomination?
Councils must decide whether to list the pub within eight weeks following the nomination. When the council receives the completed nomination form, they will check the details such as the eligibility of the nomination and the organisation making the nomination, completeness of the information supplied, and the that the pub is not in an excluded category.
Pubs that are of community value will then be added to a list of Assets of Community Value. Pubs remain on the list for five years. When the five years have expired, an eligible community organisation can submit a new nomination.
Several branch pubs have already been listed as ACVs by campaigners forming unincorporated groups of 21 local people.
Look on your council website to find their section on Assets of Community Value or Community Right to Bid. The website should have a nomination form to download and complete. You can use the forms and information on the CAMRA website: https://camra.org.uk/resource_type/acvs/
Complete all forms as fully as possible and you may also need to provide a photograph of the pub and a map, use your council’s planning website to find maps acceptable to them. Give as much detail as you can on why the pub should be classified as a community asset. Don’t just say it is a great pub with good beer; say why the local community use it. Does it showcase different musical styles? Do lots of community groups use the pub? Do the customers and management raise lots for charity? What would happen if these facilities were lost? Bring out as many good points as you can. Get evidence, so take photos of receipts showing how much and how many charities the pub supports, take photos of community activity notices or food bank collections, anything to show the pub is active in the local community.
Find at least 21 people from the local community who are registered to vote and who support the listing of the pub. This is your unincorporated group. Make up a group name. Find a named “leader” for the group (it could be you).
Get all the material together and send it off to the address the council suggests on its website. Many councils have produced guidance explaining how they are accepting nominations
A few other points to bear in mind:
1. Check the ownership of the property. You can use the Land Registry, but this attracts a fee. CAMRA HQ can now do this so contact them or your local branch if you are unsure who owns a property.
2. Check the 21 nominees. They must be resident and registered to vote within the local authority. The council will check this and contact you if there are any discrepancies.
3. If a pub is listed the council contact the owners. The owners then have 8 weeks from the listing date to appeal against the listing, although the nominee then has a right to challenge the appeal.
List your favourite pubs now even if they seem to be flourishing, successful businesses. Don’t wait until they are under threat or closed, that may be too late.
Links to local councils Assets of Community Value/Community Right to Bid websites.
Knowsley: http://www.knowsley.gov.uk/business/assets-of-community-value.aspx
Liverpool: http://liverpool.gov.uk/business/tenders-and-procurement/community-right-to-bid/
Sefton: https://www.sefton.gov.uk/your-council/plans-policies/communities/community-right-to-bid.aspx
A guide to the process: My Community website. Community Right to Bid - Understanding the Community Right to Bid https://mycommunity.org.uk/wp-content/uploads/2016/09/Understanding-the-Community-Right-to-Bid.pdf
Town and Country Planning (General Permitted Development) (England) (Amendment) (No 2) Order 2017. W http://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/4/crossheading/class-c-use-as-a-statefunded-school-for-a-single-academic-year/paragraph/Cn12
