CAMRA (The Campaign for Real Ale) has issued a warning to potential developers looking at buying Sam Smith’s pubs for conversion, explaining that the sales tactics and details of the property listings are misleading and unenforceable under current planning rules.
The organisation outlines that since 2017, any change of use of a pub in England needs planning permission, so the decision that non-pub use can apply is one for local authorities to make, not developers or pub groups that are selling their properties.
In addition to that, the Government has recently updated the National Planning Policy Framework, which provides the overall rules that local authorities need to apply when deciding on planning applications.
This has strengthened the protections that already apply to pubs, so that an applicant wanting to convert a pub must demonstrate that there is no reasonable prospect that the building can remain a pub due to lack of community support or because the pub isn’t commercially viable.
To argue that a pub isn’t viable, evidence that reasonable steps have been taken to market the property for its existing use as a pub without success for at least 12 months is needed.
The pubs, all currently owned by Sam Smith’s, are listed for sale with Fleurets, and include statements in the listings that the sales are for ‘non-pub use only’.
Some are now marked as ‘sold subject to contract’, but CAMRA is warning potential developers that conversion could be impossible or highly costly, with the current listing arrangements running contrary to the new planning rules, meaning that local authorities will have to reject the applications.
CAMRA’s national planning adviser, Paul Ainsworth, wrote to Sam Smith’s last month, warning that the sales listings were not compatible with the new National Planning Policy Framework. To date, CAMRA said that no response has been received.
Ainsworth said: “Firstly, it is entirely shameful that Sam Smith’s, who claim to be a proud brewery with community focussed pubs, are resorting to these tactics. Secondly, we don’t see how this will possibly work with the new planning rules. Other pub operators need a fair shot at taking on these pubs first, or local people who want to explore community pub ownership.
“Unfortunately, as Sam Smith’s have not sent a response to my letter, we have now raised this directly with the listing agents and the Department for Housing, Communities and Local Government.”
The brewery and pub owner, who headed up the Tadcaster business for decades passed away following a long-illness.
