The picture so far
Having extensively tested the attitude of Councils and Tribunals towards the listing of ACVs during 2016, we have found some mixed news for pub owners:
- We have objected to 87 ACV nominations to date. Of those we have been successful in 59 instances, with only 28 nominations succeeding. This equates to a success rate of 68%.
- At the ACV listing review stage, where the Council is reviewing its own decision to list the property in question, the story is different – with 19 pubs being de-listed out of 38 reviews that we have conducted, which equates to a 50% success rate. But this probably isn’t surprising given that Councils like to ratify the decisions that they have already reached.
- However where we have succeeded at ACV listing review stage, we are now looking to recover the owners’ costs of the successful review. Councils have shown a willingness to pay these in some instances.
- The First Tier Tribunal continues to be a difficult place for pub owners to win an Appeal, but there are signs that this is changing. In the appeal case of Hamna Wakaf Ltd –v- London Borough of Lambeth and Another
The content of this page is a summary of the law in force at the present time and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.