Heritage Pubs

Debate between Martin Vickers and Marco Longhi

Thursday 16th November 2023 Westminster Hall

[Marco Longhi]

I very much welcome that intervention. When we achieve the rebuild of The Crooked House perhaps the hon. Gentleman and I can celebrate it over a pint in one of the establishments that he has just mentioned.

The debate that I referred to earlier about the passage of the Levelling-up and Regeneration Act 2023 concluded that a building preservation notice section would be a more appropriate tool than the Welsh system, and that is now section 105 of the Act. However, a date for its implementation is still to be confirmed. I am also unclear as to how we could quickly apply it to scenarios that can evolve as fast as the one involving The Crooked House. The timing of how quickly such protections can be implemented is a key element in making that approach effective. Therefore, I must conclude that temporary listing protections would immediately mitigate the risk for pubs that are worthy of listing even while they remained unlisted. How would a building preservation notice be quickly applied and be quickly effective? Perhaps the Minister could assist me by addressing that point in his remarks.

A clear risk to heritage pubs is when they are being sold, often at speed, to developers that do not wish to maintain the building as a pub, thus not allowing enough time for a buyer who might wish to continue using the building as a pub. That is also why I am calling the local planning authorities to treat said buildings with a presumption against change of use, a bit like the way in which green-belt land has a presumption against residential development.

I am also calling for the sale of heritage pubs to be restricted initially, for a period of 12 months, to buyers who intend to continue running them as pubs. Such a sale would be at a value predetermined by independent valuers assessing the pub as a going concern. Such a restriction might seem counterintuitive to Conservatives such as you and me, Mr Vickers, but it would allow for time to find a prospective buyer who wishes to continue using the pub as a pub.

Too often, heritage pubs close needlessly because of these short timescales and the imbalance between prospective publicans and property developers, who always have greater purchasing power when assessing the asset for alternative development. What I am trying to do today is to give these heritage pubs and these buildings a better chance. To be clear, however, if the 12-month period passes and a buyer is not found, the pub would return to the open market.

Many people I have spoken to often refer to the system of assets of community value to protect heritage pubs. Yes, there have been some examples of where that system has worked, but it was actually designed for the likes of community halls and church buildings, rather than for commercial buildings and going concerns, which have different and more complex dynamics. It is a system that also relies on the local community to find the money required within a short timeframe of just six months, if, indeed, authorities even accept that ACV criteria have been met. Crucially, though, a freeholder can still refuse an offer to purchase their property under the ACV system.

A rich local community might more easily use ACVs, but many areas of the country cannot do so, and neither would the use of ACVs solve the revenue sustainability question, which is often unanswered even if the capital can be raised. Nevertheless, there is merit to ACVs, which is why I am also calling for local authorities to adopt a presumption in favour of ACV status being granted, and I ask that the ACV process be applied only after the 12-month sale restriction that I referred to earlier has ended. That would have the effect of offering local communities an 18-month window in which they could try to save their local heritage pubs, rather than having to work within the narrow six-month period under the ACV system.

I turn again to our much-loved Crooked House. There are questions arising from the event about the effectiveness of decisions taken by the fire service, the police service and the local authority, particularly on the management of risk. When the fire service attends and establishes suspicion of arson, that is communicated to the police, but the mechanism for that and how quickly it happens is unclear. While the site is still under a public service entity—if I may use that language a little loosely—the police attend and carry out their forensic work, at which point arson or otherwise is established. Crucially, even when arson is established—after which one might infer greater risk—the site by law is returned to the control of the freeholder.

There are clear questions for me on risk. Everybody in my local community was commenting that as soon as the fire had taken place, the building would be demolished. Notwithstanding specific instructions from the local authority not to do so, the building was immediately demolished. I must ask, therefore: is there a role here for legislation to step in and help prevent what was seemingly obvious to most from happening again?

To conclude, I will ask the Minister to reflect on the opportunities for substantially increasing remedies against breaches of existing and, perhaps, future law. What also seems apparent to most is that unscrupulous individuals simply factor in any of the current remedies, which are not particularly exacting, into their business plans. Thank you, Mr Vickers, and hon. Members for listening to me today. I look forward to the Minister’s considerations and, I hope, his support when I bring forward legislative proposals.

[Martin Vickers (in the Chair)]

I call Steve Tuckwell.