Government rejects bid to further strengthen ACV laws

Last month the Communities and Local Government (CLG) Committee called for a number of changes to the legislation including increasing the moratorium on the sale of an ACV-listed pub from six to nine months and closing the loophole which allows an ACV to be sold as a going concern when the buyer has no intention of retaining it in its current use.

It also called for the Government to consult on amending its guidance so an ACV listing is “a material consideration for local authorities in all planning applications other than those for minor works”.

However, the Government has rejected the recommendations – but added that it is “committed to reviewing the effectiveness” of ACV legislation and would welcome evidence from community groups and asset owners demonstrating the need to make any broader changes.

Regarding the bid to extend the moratorium it stated: “We refute the claim that the process for nominating an ACV is lengthy and complex. The legislation simply requires 21 people who are on the local electoral register to come together, as a community group, to say why the asset is of local social and community value.

“We are clear that business plans or any demonstration of the potential future ability of the group to operate viably the land or building in question falls outside the requirements of the legislation.”

It said it would be prepared to consider introducing a nominator’s right to appeal against a council’s decision not to list a pub as an ACV, but it would need to be satisfied that the appeal would not infringe property owner’s rights.

Clive Betts MP, chair of the CLG Committee, had claimed that the legislation “puts too many obstacles in the way” for locals to run a pub.

Next month, the Government is set to introduce legislation meaning planning permission would be required to change the use of or demolish ACV-listed pubs.