Pubs (Planning Policy)

Debate between Mike Weatherley and Greg Mulholland

Wednesday 16th February 2011 Westminster Hall

[Greg Mulholland]

It will not surprise my hon. Friend to know that I will discuss the Localism Bill very shortly. As my hon. Friend the Minister knows full well, because I have written to him about it already and will continue to do so, that Bill is a huge opportunity and the save the pub group must also see it in that way. It is a huge opportunity to address these issues that we and our local councillors face day by day. We find that our views, expressed as elected representatives and councillors, are rejected. Otley town council objected to the closure of The Summercross pub, but its objection was regarded by the plans panel as not being remotely of interest. So the Localism Bill is an opportunity, and I will go on to say that it is a positive thing but it needs to do an awful lot more.

There are other issues. One that I want to touch on briefly is the issue of pub interiors. I was very lucky and privileged to have been asked to launch the new book by the Campaign for Real Ale, “Yorkshire’s Real Heritage Pubs”, at the stunning Garden Gate pub in Hunslet, which is in Leeds. Frankly, that pub is only there because of the campaigns by Leeds CAMRA and other people, and because the wonderful Leeds Brewery has now taken the incredibly courageous decision to buy it and make it its fourth pub as it expands its portfolio. The Garden Gate pub is not in my constituency. It is in the constituency of the right hon. Member for Leeds Central (Hilary Benn). However, I am sure that the right hon. Gentleman and I would be delighted to take my hon. Friend the Minister there at some stage, because it is a stunning example of pub interior design that has been preserved.

The reality is that only 2% of pubs in Yorkshire and the Humber region retain their original interiors. Those pub interiors are part of our heritage. We would not see our castles or our stately homes being vandalised and demolished in that way. There has been some great work done by CAMRA and English Heritage, operating together, on this issue. However, there needs to be clearer advice from the Government, including from the Minister’s Department, about what councils can and should do in terms of listing pubs and about the criteria for listing pubs. Sometimes, even though something is clearly worth preserving, it does not actually tick the right boxes. I hope that that is another conversation that my hon. Friend the Minister and I can have, perhaps over a pint of Leeds Best in the Garden Gate or one of the many other pubs featured in CAMRA’s national and regional guides.

I have said that I would discuss the good councils as well as the bad, and it is incredibly important that I do so. My hon. Friend the Minister rightly said that councils have a key role. Neither I nor the other members of the save the pub group are saying that the Government can or should solve all those problems. I also want to make it clear that we are not saying that the Government should impose everything. As is suggested in the private Member’s Bill promoted by my hon. Friend the Member for Selby and Ainsty, it is more a case of giving local councillors the powers, so that they do not feel that they simply have to give the nod to plans that they know, in their heart of hearts, are wrong.

There are some very progressive councils. At the moment, 40% of councils make specific mention of retaining pubs in their local planning policies, which is impressive. In addition, 20% of councils do not specifically mention pubs but none the less have strong policies on protecting community facilities in general. However, 40% of councils are bad in terms of providing protection for pubs. They have no policy whatsoever that would assist communities to retain pubs. I am ashamed, and I hope that my hon. Friend the Member for Pudsey is also ashamed, that Leeds city council is indeed one of the 40% of councils that do not have policies to protect pubs. There are many examples around Leeds and the surrounding area of how the council has simply let things happen, and we have lost important community facilities as a result.

Merton borough council has a very positive policy on pubs:

“The Council will not permit the redevelopment or change of use of established public houses to other uses except where:

(i) The applicant can show that the public house is no longer economically viable

(ii) The applicant can show that reasonable attempts have been made to market the site as a public house [and]

(iii) There is alternative provision within the local area.”

[Mike Weatherley (Hove) (Con)]

The hon. Gentleman has mentioned on many occasions the lack of “viability” as being one of the criteria by which community pubs are allowed to close. Does he agree that there is a whole raft of legislation that should be enabled to ensure that, first, “viability” is enhanced and, secondly, that we do not hide behind “viability” as an excuse? For example, live music in pubs is known to increase takings by about 40% on average, and I hope that my recent “Rock the House” project goes some way to increasing awareness of that. However, does he agree that the Minister must consider the whole raft of licensing issues that go along with planning issues, to ensure that the concept of “viability” does not become something to hide behind?

[Greg Mulholland]

I pay tribute to my hon. Friend for his work with “Rock the House”, which the all-party save the pub group formally backs. We look forward to working with him, and to getting as many MPs as possible behind that initiative. He is absolutely right that licensing is another issue and, as the Minister has cross-departmental responsibilities, I know that he will be having conversations with Ministers in all Departments that deal with pub-related issues. The licensing regime has certainly become over-bureaucratic and too expensive, and he and I strongly agree that some of the changes that were made a few years ago have been detrimental to the encouragement of live music. The wonderful annual Otley folk festival, which largely takes place in Otley’s public houses, is a celebration not only of folk music but of the public house, and is a great example of the harmony that is there.

Returning to the councils, Oxfordshire and Mid Sussex councils have positive policies, but it would help if the Government provided more guidance, perhaps on what the policies should say. At the end of my speech, I will challenge the Minister by saying that I hope that that can happen in the new national framework.

Now it is time to talk about the Localism Bill, which I am sure we all support, and which sounds like the sort of thing for which many of us have been campaigning for many years. It is the kind of thing that can, and surely must, be used to stop this scandal of profitable, successful pubs being closed against the wishes of the local community. Will it, though? I know that the Minister will talk about the proposed community right-to-buy scheme, and let me make it clear that the all-party group warmly welcomes that proposal and looks forward to considering its details and to working, hopefully, with the Minister and his team to ensure that the scheme works. Unfortunately, although the proposal is positive, it will not have a substantial effect in preventing closures of profitable and wanted pubs, first and simply because unless the Government finally get rid of the absurd loopholes, whereby a pub can be demolished or turned into a café, restaurant, betting shop, payday loan shop or supermarket without planning permission, a huge number of pubs will still be at the whim of the companies making those decisions. I therefore urge the Minister to close those gaps not only on demolition but on change of use, because otherwise there will not be many pubs for communities to try to buy.

Secondly, I think that the Minister has to accept that what is in the Bill is not a community right to buy; it is a right to try. I ask the Minister, again, to consider the model in Scotland, which contains a genuine right to buy. Here, there is a right to put together a bid, to trigger a delay—a moratorium—but there is not even genuine encouragement for the owners, let alone the obligation that I would like to see. Without that, how many communities will realistically be able to raise perhaps hundreds of thousands of pounds from share options, fundraising or local businesses, if at the end of that period—the length of which the Minister has not yet specified; CAMRA has suggested a very sensible six months—the owner might say, “Well, actually, I’m going to sell to Tesco anyway, for slightly more”? As we have already said, the pub company might want to get rid of the pub, because of competition between its pubs in the area. If the proposal is genuine, that issue has to be considered, because otherwise not many pubs will be saved and the closure of profitable pubs against the community’s wishes will not be prevented, which is surely something that the Minister and the Government want to prevent.

What should be done? I want to continue, and I want the save the pub group to continue, to be part of an ongoing dialogue with the Minister. We seek to help, as we were invited to do by the previous pubs Minister, the right hon. Member for Wentworth and Dearne (John Healey). We were happy to meet with him and his civil servants. Some of our proposals clearly need to be looked at, and they might not necessarily do what we think they will, but we want to work through them and be part of that conversation to get to the end result that I think we all want, which is to give viable, profitable pubs some protection in planning law.

So, what should be done? The Government have to commit to closing the loophole on demolition, and I have been encouraged by what the Minister has said. There have been positive conversations during the passage of the Protection of Local Services (Planning) Bill between him and my hon. Friend the Member for Selby and Ainsty, and also with me. I am encouraged that the Minister has suggested that he and the Government are minded to stop the scandal of pubs being demolished, but I have to use a phrase that has been used with me—do not be a half-a-job Harry. I know that the Minister would not want to be one, but if the demolition loophole is closed and nothing is done about people being able to continue to turn a pub into a Tesco, a betting shop or a restaurant overnight without planning permission, only a small gap will be plugged and the other scandal will not be stopped.