Abbott v Stockton-on-Tees Borough Council [2020] UKFTT CR-2020-0003 (GRC) (29 September 2020)

Appeal number: CR.2020.0003 P

FIRST-TIER TRIBUNAL

GENERAL REGULATORY CHAMBER

(COMMUNITY RIGHT TO BID)

	Andrew Abbott	Appellant

	- and –
	Stockton-on-Tees Borough Council	First Respondent

- and –

Nigel Dennison Second Respondent

Before:

JUDGE J FINDLAY

Determined on the papers, sitting Chambers on 29 September 2020

P: Paper determination which is not provisional

DECISION

Decision

1. The appeal is dismissed.

Mode of Hearing

This has been a paper hearing which has been consented to by the parties. The form of remote hearing was P: paper determination which is not provisional. A face-to-face hearing was not held because it was not practicable and no-one requested the same and all the issues could be determine on the papers. The documents referred to are in an open bundle of 157 pages, the contents of which have been recorded. The order made is as described above.
The Tribunal considered it was fair and just to determine the appeal on the basis of the papers having considered rules 2 and 32 of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended).

Submissions

10. The Second Respondent submits the following points:

a. This unincorporated body is formed to preserve this much loved public house that had been providing a local community service for over 150 years. All 21 members live in the village of Long Newton, many since they were born, and all have the interests of the community at heart.

b. The number and range of activities and events the benefit the social interests the community held at The Vane Arms, are plentiful. A large number of the locals benefit hugely from the existence of this public house and the activities it provides. Examples of some of the activities and range of events that take place at The Vane Arms and the average attendance are set out on pages A5 and A6.

c. The Second Respondent writes on behalf of a large number of the local village residents. They are anxious to save the local public house as it appears that the current owner has immediate plans to sell with a view to possibly changing its use and redeveloping the plot.

d. The prospect of the loss of the public house has deeply saddened huge swathes of the community, as we live in an isolated village without a regular bus service. Many residents use the public house as their only means of social interaction, particularly the elderly and infirm. Due to the varied events and activities there is always something for the local community to become involved in, which caters for all age groups.

e. The pub has been a social hub since 1861. It is felt that if run correctly, with drive and enthusiasm, it will be possible to provide and maintain a sustainable future to further the social wellbeing of the local community. There has been a lot of positive feedback from local people and the long term goal is to make it a successful community pub. The intention is to build upon the range of events and activities already available, to include - coffee mornings, breakfast clubs, meeting venue, swap shop, live music performances and board games nights.

f. There is evidence of local people prepared to give their knowledge and skills to ease the financial burden. The local community is prepared to make a financial investment in this vital resource.

g. Over the years The Vane Arms and the local community have supported CAMRA as a free house and this is one of its main strengths. Research shows that people who have a local pub or happier, have more friends and feel more engaged with their local communities. Many pubs help provide space for the local people to meet, tackle loneliness, and strengthen the local community, which is one of the main reasons for this application.

h. The Vane Arms has four bed and breakfast rooms and over the years this has provided villages who have loved ones living away, either in the UK or further afield, a place to stay and the opportunity to participate in village life.

i. With the expansion of Teesside Airport, The Vane Arms will be an ideal location to offer B&B to passengers travelling to and from the airport, which will increase trade and also lead to future revenue.

j. The Vane Arms is a warm, welcoming, totally inclusive social hub, that the residents do not want to lose.

k. The evidence from the local community has been gathered from a comprehensive consultation process which included; door to door canvassing, leaflet drops, questionnaires and a public meeting of nearly 100 residents. More than 120 individuals have also pledged financial support with a view to purchasing the Vane Arms as a community pub. (over £200.000 to date) There has been local and national press coverage. A Facebook page ‘Save the Vane’ was set up and there have been an overwhelming number of messages of support posted.10.

l. Support has been offered from the Long Newton Parish Council, Alex Cunningham MP, Ward Councillor Andrew Stephenson, the Plunkett Foundation and CAMRA. A prospectus has been produced which explains the vision of the management committee and includes our business model, financial projections and details of the share offer. Unfortunately, due to the recent lockdown restrictions, we have been unable to distribute this to the villagers. The lockdown has not ‘locked down’ our resolve and the management committee has been in frequent contact via Zoom meetings and progress is still being made.

m. Neighbours received notification on 30 April of two planning applications regarding the Vane Arms site. Plans to change the use of the pub to a residence and build a new dwelling in the beer garden had been submitted. The number and quality of the objections (200+) to these planning applications are evidence in themselves that there is enormous support for the site to remain as a pub and almost all of the letters indicate that the pub has, in recent the past, been used to further the social wellbeing and interests of the local community.

n. The planning application is clear evidence that the owner is desperate for the ACV listing to be removed to enable him to sell the site to developers. When the present owner bought the pub it was a thriving, going concern. The feeling in the community is that the villagers are being penalised for the failure of one management and that they shouldn’t have to fight to preserve a 200 year old asset because one operator has failed.

o. The Long Newton Community Hub Ltd Management Committee is fully confident that the Vane Arms could have a bright future based on community ownership and the loyalty and commitment that generates. Furthermore, we seek to ensure that the community will continue to enjoy the amenity of the pub as a social space and we trust that this tribunal will reject the appeal by the owner to remove the ACV from the Council list.

Issue before the Tribunal

The issue before the Tribunal is whether the legal requirements have been met for the Property to qualify for inclusion in the First Respondent’s list of assets of community value.

Conclusions

The Tribunal found that there was a time in the recent past, before 31 August 2019, when there was actual use of the property that was not an ancillary use and furthered the social wellbeing or interests if the local community and it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the building that would further the social wellbeing or social interests of the local community.

The Property has been closed since 31 August 2019 and there have been no activities or events at the property since then. The Property was nominated as an ACV by a community nomination received by the Respondent on 8 November 2019. The Respondent listed the property as an ACV following an officer delegated decision on 12 February 2020.

A nomination must be made by a Community Nomination which includes a nomination by a community body with a local connection. A Community Body can include an unincorporated body whose members include at least 21 individuals who are registered as local electors at an address in the local authority’s area and which does not distribute any surplus it makes to its members.

The Tribunal found that a valid nomination to list the Property as an ACV was submitted by an unincorporated body of at least 21 members registered as local electors at an address in the local authority’s area that does not distribute any surplus to its members. The Tribunal accepts the confirmation of the electoral registration team that all 29 names on the nomination form were indeed registered on the electoral register for Stockton-on-Tees. The Tribunal found that the nomination was valid.

The Appellant has been given adequate opportunity to make representations on the listing of the Property as an ACV. All parties have been given ample opportunity to prepare and present their cases.

17. The Property traded as a pub in the village of Long Newton until it closed in August 2019.

18. The Tribunal found that there was a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interests of the local community. Having only closed as a pub in August 2019 the Tribunal found that the use of the Property before that date was in the recent past. The Tribunal found that The Property traded as a pub where patrons could meet and socialise.

19. The term ‘in the recent past’ is not defined in the Act or the Regulations. The Tribunal found that the Property was used up until August 2019 and that use could correctly be said to be ‘in the recent past.’

The Tribunal found that activities were held at the Property such as quiz nights, food nights, beer festivals, fetes, ladies lunches and gardening clubs. The Tribunal found it was not necessary to make findings about how often such events took place because the legislation does not require activities which further social wellbeing to take place with any specified frequency or regularity. The Tribunal found that these events happened in the recent past, namely before 31 August 2019. The Tribunal found that such events would be attended by members of the local community. The Tribunal found that it was not necessary to find how many people from the local community enjoyed these activities because the legislation does not require any particular proportion of the community to attend. The Tribunal found that the events were open to all members of the community.

21. The Tribunal found that these activities would further the interaction between patrons of the pub and further their social well-being or social interests. Residents of the village were patrons of the pub and there is no evidence to suggest the patronage of the pub was predominantly from people living outside the village. The Tribunal found that the Property was used for more than simply drinking without socialising

22. The Tribunal found that the local community whose social interests or well-being were furthered by the Property would include the residents of the village of Long Newton. The Tribunal rejects the Appellant’s submission that only the residents of Long Newton can be considered members of the ‘local community.’ The legislation does not use such terms and the omission appears to be deliberate. The Tribunal’s view is that it would be wrong to impose such a restrictive test. The Tribunal found that the test was satisfied as the social well- being or social interests of some part of the local community is furthered regardless of whether others from outside the local may benefit also.

23. The Tribunal found that the existence of other pubs or facilities in the area where the same activities do or could take place is irrelevant as it is the use of the Property that is under consideration.

24. The Tribunal found that it is realistic to think that there is a time in the next five years when there could be non-ancillary use of the Property that would further (whether or not in the same way as before) the social well-being or social interests of the local community.

25. In reaching this decision the Tribunal has attached weight to the following factors:

a) There is strong support in the local community to maintain the Property as a community hub for local activities.

b) The residents of Long Newton formed a community interest company. On 5 March 2019 the Long Newton Community Hub Ltd was incorporated by Companies House. The Long Newton Community Hub Ltd became a member of ‘More Than A Pub’ scheme and gained membership of the Plunkett Foundation which offers support to community groups and, specifically, has obtained the assistance of an advisor. The decision to seek appropriate advice and assistance demonstrates a strong intention to pursue the future of the Property.

c) More than 120 individuals have pledged financial support and there has been support posted on the Facebook page ‘Save the Vane.’

d) There have been offers of support from the wider community; the Long Newton Parish Council, Alex Cunningham MP, Ward Councillor Andrew Stephenson, the Plunkett Foundation and CAMRA.

e) A prospectus has been produced which explains the vision of the management committee and includes the business model, financial projections and details of the share offer. Although this has not been distributed due to the Covid 19 restrictions.

26. The Tribunal is satisfied that the ground for the listing of the Property, namely The Vane Arms Public House, under section 88 is made out and the appeal is dismissed.

(Signed) Dated: 29 September 2020

Judge J Findlay Signed: 26 October 2020

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You are here: BAILII >> Databases >> First-tier Tribunal (General Regulatory Chamber) >> Abbott v Stockton-on-Tees Borough Council [2020] UKFTT CR-2020-0003 (GRC) (29 September 2020) URL: http://www.bailii.org/uk/cases/UKFTT/GRC/2020/CR-2020-0003.html Cite as: [2020] UKFTT CR-2020-0003 (GRC), [2020] UKFTT CR-2020-3 (GRC)

First-tier Tribunal (General Regulatory Chamber)