A legal question has emerged over the auction of the Beach Tavern, which is due to take place in Brighton at the Metropole Hotel on 15 December.—Bay Life, 3 December 2015
Bay Life understands that an application has now been lodged to see the building nominated as ‘an asset of community value’.
The building which has served as a public house for many years, and prior to that point was the ‘Honey Pot Tea Rooms’, was proposed for sale by auction on 21 November. The property is to be auctioned at the Metropole Hotel in Brighton on 15 December. The proposed sale is now the subject of much discussion in the community.
A decision about the matter will follow from Wealden District Council in due course. Bay Life understands that the local authority has the responsibility under the terms of the Localism Act of 2011 to consider the matter.
The public house, which has been put on the market by auctioneers, Clive Emson, has been the subject of a number of letters to Bay Life and a number of media releases from local groups with an interest in the property.
The particulars published by the auctioneers suggest that “Now in need of some refurbishment and re-decoration the Beach Tavern is considered ideal for owner occupation or could again be let to provide a good income. Alternatively it is considered the site could be re-developed to provide residential accommodation or may be suitable for a supermarket chain or similar commercial space, subject to all necessary consents being obtainable”—Clive Emson, Auctioners, 21 November 2015″.
A spokesperson for the ‘Friends of Pevensey Bay library’ told Bay Life (30 November), “one of the first actions taken by the Group has been to apply to Wealden Council to have the pub listed as an Asset of Community Value”.
They added, “if successful, future owners will be required to give the community six months notice of any planned disposal to give them the opportunity to acquire the site.
“Our library was a social hub that supported families and reduced the isolation of many elderly people in the Bay. We want it back bigger and better than before. Modern libraries are not just about books, they are about community”.
It would appear that there is now a question about the basis on which the bidding will take place for the property.
Where does the legal process with regard to the proposed nomination of the building as a community asset leave the basis on which the property is to be auctioned on 15 December?
Of course nothing in the particulars published by the auctioneers makes mention of the fact that the building is now the subject of an application to see the property nominated as a community asset, but since the application appears to have been lodged, do the auctioneers have a responsibility to acknowledge this point in the particulars that are available to potential bidders for the building at the auction?
It is legal question which could have a bearing on proceedings.
Of course a question arises for any person or organisation involved in the bidding process at the auction about the status of the building.
Will the auctioneers add a rider to the particulars published about the building being the subject of an application be nominated as a community asset?
If they do not declare knowledge of the application and a sale goes through to a successful bidder, could it be argued that a purchase been made without knowledge of the full facts?
We put the question to a number of people with both legal knowledge and experience over these kinds of community related activities and received a variety of answers about the legal questions with regard to the proposed auction of the Beach Tavern.
Selma Montford, MBE. Honorary Secretary of the Brighton Society who has been responsible for looking into the utilisation of community asset buildings in the city for over 40 years, told us ‘I feel sure that Wealden Council will be giving this matter their full attention. The question of what will happen with this building is very interesting”.
An experienced commercial developer based in a neighbouring community, who does not wish to be named, told us, “of course the fact that there is now an application lodged to see that the building is nominated as a community asset is material to the proposed auction”.
“It will be necessary for the commercial boys to look at this issue and do the right thing with regard to any particulars, and I am sure that is what they are doing”.
It is also known that a number of community stakeholders are now interested in the question of the sale and are intending to go the auction as observers. It is not known if they intend to question the proposed sale at the time of the auction.
Pevensey Bay has been without a library for 11 months as a result of a legal wrangle over flooding in the library premises.
Margaret Martin, a concerned resident, speaking on behalf of the Friends of Pevensey Bay Library told us “now that Pevensey Bay Library has closed, over forty thousand people are depending on the small library at Langney Centre and the temporary book exchange set up in a local church hallway in Pevensey Bay. This contrasts sharply with provision in other areas of East Sussex such as Seaford, Polegate, and Lewes.
“Expecting more than 40,000 people to rely on a library housed in a small shop unit in Langney Centre isn’t reasonable, particularly given the new housing in the pipeline at Stone Cross.”.
Both Seaford and Lewes have Friends of Groups that have successfully campaigned for a new library – they put pressure on ESCC to keep funding, allocate a site, and develop services. They also raised significant amounts of funds. Friends of Pevensey Bay Library Group will be seeking a meeting with them to learn from their experience”.
She also told us that in her view, “apparently this law requires local authorities to keep a list of such assets when a community organisation nominates eligible land or buildings. As long as the nomination process was undertaken correctly (i.e. came from an eligible community group on an eligible building), then the local authority must include the asset on its list where it has to remain for at least 5 years”.
What is interesting about the legal questions that have emerged about the sale is how the local community appears now to be working together to campaign for the future protection of the identity of Pevensey Bay. District Councillor, Dianne Dear, also publisher of Bay life has said ““I’m concerned about who will buy especially as a big supermarket chain could take over and ruin Pevensey Bay”
Tomorrow (4 December) MP for Bexhill and Battle, Huw Merriman is in the village fielding questions from concerned constituents about matters that are personal to them with regard to issues that they see, at one of his regular constituency surgeries.
It seems inevitable that questions about the future of Pevensey Bay Library and the sale of the Beach Tavern will be amongst the concerns of his local constituents.
Bay Life talked to the auctioneers responsible for the proposed sale today (3 December). Sam Kinloch on behalf of Clive Emson Autioneers was open to hearing about matters of concern over the proposed sale but chose not to comment about the matter.
He told us, ‘we were not aware of the fact that an application to see the building nominated as a community asset has been lodged and obviously I can not say anything about the matter, but I will draw the attention of our client’s solicitor to this matter’.
Given the circumstances about the proposed sale of the Beach Tavern at auction, it seems inevitable that questions about the sale will now be the subject of more attention.
Simon Montgomery
editor, Bay Life
