As a company which specialise in Assets of Community Value (ACV) nomination we are in a unique position to help clients deal with an ACV nomination made on their property.
Simply reading through the legislation will gave you a basic understanding of the legislation, it will not however give you insight into how local authorities are interpreting the legislation.
Using our extensive research database we not only look at legal technicalities but also the wider interpretation of the ACV legislation by local authorities.
Legal advice from a solicitor / Barrister
In our research database we have hundreds of legal documents solicitors have wrote on their clients behalf objecting to the ACV listings. Unfortunatly the vast majority although I am sure are expert’s in law do not understand the ACV legislation.
The common challenge point would be that the business is not financially viable, which is not relevant as under community ownership the business does not need to make a profit. Infact any profit which it does make MUST be reinvested into the business.
There is a few legal firms often used by the pub companies which specialise in ACV nominations, which do understand the legislation.
The cost of these specialist firms can be prohibitive for the single site operator. We have seen costs for successfully challenging the ACV listing at the first tier tribunal reach in excess of £30,000 which although claimable from the local authority as a compensation claim was refused as the local authority in question as they claimed to not have received the claim within the 13 week deadline.
Local authorities interpretation of the legislation
Throughout England we have seen local authorities do their best at interpreting the ACV legislation. Although their role should be a quasi judicial where they remain neutral between the community and the asset owner.
We do appear to see the community recieving alot more support not only from the local authority but also central government via their grant support system administered through the ‘plunket foundation’ and ‘more than a pub’
Local Authorities do not however always get the interpretation correct and we have seen properties successfully relisted after the 5 year expiry without a new nomination being made and nominations successfully listed despite no evidence of community use on the nomination form.
FREE initial consultation
We offer a free 30 minute appointment with one of our advisors where we can review your ACV nomination and advise you on your options moving forward.