Pub unused for 11 years can be listed as an ACV, tribunal rules

Judges Saward and Harris rejected an appeal by Satwinder Sandhu, who owns the former White Lion pub in Crays Pond, against South Oxfordshire District Council’s decision to continue the building’s asset of community value status.

Mr Sandhu brought the appeal under Regulation 11 of The Assets of Community Value (England) Regulations 2012 on the grounds that the White Lion was no longer viable as a pub, there was no realistic prospect of community use resuming in the next five years and no credible community bid or engagement had been made.

He had applied unsuccessfully for a change to residential use in 2013, when the pub was first listed as of community value.

The judges said the main issues before them were whether “in the recent past” use of the White Lion had furthered the social wellbeing or interest of the local community, and was it realistic to think that such uses would arise within the next five years.

In the most recent nomination to list the White Lion a community interest company that wishes to buy the pub was supported by 25 statements and submitted a business plan.

South Oxfordshire concluded the pub should be designated and rejected Mr Sandhu’s objections.

Judges said the White Lion has not traded as a public house/restaurant for more than 11 years but had been in such use for more than a century before that.

“We consider that the period of 11 years is in the 'recent past’ in this particular case.” they said.

“In reaching this view, we bear in mind that it has been the owner's decision for the use of the premises to lie dormant. The appellant suggests that the White Lion has not traded since then because it is not viable as a public house. He refers to viability reports said to support his position, but only one from 2014 is produced.

“The fact remains that there was an offer of purchase from the CIC and subsequent increased offers, which could have seen the use of this important community facility resumed. The actual lawful use as a drinking establishment has at no time ended.”

Mr Sandhu’s claim that no credible bid would be made was “not borne out by the letters and copy emails produced by the CIC [which] demonstrate that offers of purchase have indeed been made of increasing amounts along with attempts to engage with the appellant”.

The judges concluded: “In our judgement, the aspirations of the premises being reopened as a public house or another community venture within the next five years are realistic.”

They said South Oxfordshire had been right to list the White Lion as an asset of community value.

Mark Smulian