'Pub restrictive covenants could be outlawed'

Restrictive covenants that prevent pubs being operated as pubs when they are sold could be outlawed within a few months, according to the Campaign for Real Ale (Camra).
Camra public affairs director Jonathan Mail said a piece of secondary legislation, the Land Agreements Exclusion and Revocation Order of 2004, could be easily amended by Government so that use of restrictive covenants on pubs would no longer be lawful.
"Camra thinks this practice is entirely unacceptable," said Mail. "It should be for the market to decide".
The legislation is due for review and a consultation set to be published late summer. Since it is secondary legislation, the Government can move quickly and a change could be implemented in a matter of months rather than years.
Mail was confident that "it could be done this side of a General Election".
He said: "It would be a small but positive way that Government could show they care about pubs and recognise the importance of pubs to the community."
The issu

17 replies - Last reply by Chris Whirledge, 04/08/2009 13:37:56

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Replies

'Pub restrictive covenants could be outlawed'

There is no aspect of the pub trade that is free of having been perniciuosly influenced by the tie. It is therefore entirely irrational to discuss any aspect of the pub trade without holding that in mind.

Credit for the photograph at the head of this article: J Mark Dodds.

'Pub restrictive covenants could be outlawed'

Returning to the subject, could covenants already made be retrospectively annulled by this proposed change in legislation? Any serious legal answers, please?

John Ellis
Crown Inn, Oakengates

'Pub restrictive covenants could be outlawed'

It is my understanding that the government has the power to make any law passed apply retrospectively. It will depend on the wording and mechanics of any specific Act.
Regards chris

RE: 'Pub restrictive covenants could be outlawed'

Chris - you current company, Pub Innsite is a retained agent for Marstons. You would seem to have a vested interest in this.

I would indeed be equally critical of Spirit and Greene King for the same and other reasons.

I didn't mention anything about the last pub in a village but in any event you are wrong about planning policy specifically protecting pubs in the way you suggest. Regardless of whether a council would resist change of use on the last pub in a village it doesn't currently stop a covenant being placed on it by a vendor who wanted, for example to drum up more business in a nearby pub. The CAMRA proposal would prevent the covenant being placed on the property in the first instance and this is an interesting development.

You suggest to another poster that the government would bring in retrospective legislation. I know of no examples of this in planning terms and would be interested to see examples that you are aware of.

It is right to link the restrictive covenant issue to the beer tie as the practitioners are the same people and as CAMRA is right to say, they are having a detrimental effect on society.

'Pub restrictive covenants could be outlawed'

John - I know of no examples of retrospective legislation in planning and property ownership. I saw that Chris Whirledge suggested this was possible but I would venture to say that his assertion is wrong.

'Pub restrictive covenants could be outlawed'

While I understand Chris's point I think his scenario is a rare occurrence. I tend to agree with the aims of this venture, too many pubs that would make good entry freehold pubs are sold with restrictive covenants for alternative uses.

RE: 'Pub restrictive covenants could be outlawed'

Karl,
You insist on stating incorrect information, which is accidently misleading at best and deliberately calculated at worst.

As a matter of fact I am not retained by Marstons, or Greene King or Spirit.
As a matter of fact I am right about planning policy.

I only stated that Government CAN make retrospective legislation, NOT that it WILL, I would agree that it is highly unlikely this would occur, I only answered the posters question which was could the government issue retrospective legislation.

If you are unable to make a point without making assumptions and fabricating information, I would respectfully request you stop making posts.

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