Jump to content
IGNORED

Fancy owning a slice of a local pub?


cheshire_red

Recommended Posts

Great boozer.

The owners marketed the pub at a ridiculous price then when it didn’t sell, applied for planning for residential which they nearly got. Their asking price for the pub is way overpriced, as a pub. 
 

Good luck to the locals but if they pay that price they are overpaying. They’d be better off proving the pub isn’t worth the asking price and forcing the price down, so that if they did purchase, it would be a more viable proposition.

Or, if the owners refused to sell at a lower price the community group would have more ammunition to prevent the owners getting planning, having expressed an interest in purchasing as a pub. 

Link to comment
Share on other sites

1 hour ago, Marina's Rolls Royce said:

no it doesn't- that's just a misconception and is nonsense

Actually it's not nonsense. It does protect the pub for five years. However should the owner wish to sell the community have a month to decide if they wish to buy and a further five months to raise the money. The owner thereafter does not have to sell to the community if they don't want to but the new owner still has to abide by the ACV. It is definitely worth applying an ACV on any threatened pub and is easy to apply for. 

https://campaignforpubs.org.uk/how-to-stop-pubs-closing/

Link to comment
Share on other sites

36 minutes ago, cheshire_red said:

Actually it's not nonsense. It does protect the pub for five years. However should the owner wish to sell the community have a month to decide if they wish to buy and a further five months to raise the money. The owner thereafter does not have to sell to the community if they don't want to but the new owner still has to abide by the ACV. It is definitely worth applying an ACV on any threatened pub and is easy to apply for. 

https://campaignforpubs.org.uk/how-to-stop-pubs-closing/

An ACV is easy but time consuming to apply for, I've done it, but bizarrely it is possible for the owners of a pub listed as an ACV to nevertheless obtain planning permission to convert to residential.

To expand on your point, the sole purpose of an ACV is to give the community first dibs to purchase at the asking price if the pub goes up for sale, it doesn't prevent anything else and doesn't give any other protection.

 

Link to comment
Share on other sites

34 minutes ago, cheshire_red said:

Actually it's not nonsense. It does protect the pub for five years. However should the owner wish to sell the community have a month to decide if they wish to buy and a further five months to raise the money. The owner thereafter does not have to sell to the community if they don't want to but the new owner still has to abide by the ACV. It is definitely worth applying an ACV on any threatened pub and is easy to apply for. 

https://campaignforpubs.org.uk/how-to-stop-pubs-closing/

It is indeed nonsense.

An AVC is only relevant if there's a change of use- the group holding the AVC rights don't even have to be informed if the pub is being sold as a pub to anyone.

If the group don't complete funding within the 6 months ( and the seller has to agree price in the first place) then they are then locked out and the seller is free to sell elsewhere. It doesn't protect the pub if the group can't raise the funds or agree fair value.

Ultimately the whole process relies completely on the Planning Dept of the local authority. If the LA deem that any Pub has a viable future then planning will not be granted.That is the protection.

P.s I part own a village Pub with an AVC so am pretty clear as to the rights having studied the Localism law very closely indeed prior to purchase.

I often think its a very similar to owning a football club where the fans believe they have acquired certain rights simply by virtue of being a fan. 

Link to comment
Share on other sites

3 hours ago, cheshire_red said:

Marina you have got virtually every part of that wrong.

Yours Faithfully

Secretary

Campaign for Pubs

Unfortunately its not as straightforward.

My local couldn't be more local its next door, and 6 years ago when the new owner, who incidentally is a Grade A manual manipulator, applied for and was given planning for residential, even though I had registered it as an ACV, I did a Judicial Review on Bath & North East Somerset Council, ie took them to court. I won, and therefore recovered the not inconsiderable legal fees, but not because the pub was registered as an ACV. It was a different piece of planning legislation which we (ie me and my solicitor) relied upon.

But even now said manual manipulator continues to occupy the pub as a residential property, even though it's designated as a pub. Eventually there will be different ways in which we can enforce the proper planning designation, but for now the ACV status has proved to be utterly useless.

Link to comment
Share on other sites

8 hours ago, NickJ said:

Unfortunately its not as straightforward.

My local couldn't be more local its next door, and 6 years ago when the new owner, who incidentally is a Grade A manual manipulator, applied for and was given planning for residential, even though I had registered it as an ACV, I did a Judicial Review on Bath & North East Somerset Council, ie took them to court. I won, and therefore recovered the not inconsiderable legal fees, but not because the pub was registered as an ACV. It was a different piece of planning legislation which we (ie me and my solicitor) relied upon.

But even now said manual manipulator continues to occupy the pub as a residential property, even though it's designated as a pub. Eventually there will be different ways in which we can enforce the proper planning designation, but for now the ACV status has proved to be utterly useless.

Which is my point. The only real protection is planning- the ACV just buys time.

Well done on the JR though- big gamble with grown up money.

Link to comment
Share on other sites

25 minutes ago, Redwhitepurple said:

Nope. Typical left wing hippy thing

What, wanting time save a local pub and hub of the community is a ‘typical left wing hippy thing’?  Of course silly me - no right wing / conservative / MOR / Liberal people who are non hippies enjoy such things do they?  What a complete load of crap. Why do so many people have to turn everything in this country into politics - drives me nuts.  Nothing to do with football though so rant over and I’ll leave it there.  

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...