Samuel Smith's puts pubs on the market for 'other uses'

Pub campaigners have written to historic brewery Samuel Smith's to question the sale of a number of its buildings on the open market.

The Tadcaster-based company has listed several of its pubs, many of them in North Yorkshire, for sale under "non-pub use only" clauses.

The Campaign for Real Ale (CAMRA) has warned potential buyers that converting the buildings may not be legally possible under current planning rules.

A spokesperson for Samuel Smith's told the BBC that the properties were being sold as they are "no longer viable" as pubs.

But CAMRA planning expert Paul Ainsworth said that other operators should be given "a fair shot" at taking on the pubs, along with "local people who want to explore community pub ownership".

The campaign group added that the property listings through estate agents Fleurets could be misleading.

Since 2017, any change of use of a pub in England has needed planning permission, meaning consent would have to granted to a developer by the local authority.

Established in 1758, Samuel Smith's operates about 200 pubs spread across the UK and prioritises serving local communities.

Its pubs are best known for their strict rules, including a ban on mobile phones, music, televisions and swearing.

In the last few months, more than 20 brewery-owned pubs have been put up for sale, with a number of the advertisements specifiying that they cannot be used as pubs.

One of those is the former Wellington Inn in Knaresborough, which has been sold.

The Cross Keys in Stillingfleet, near Selby, has also been sold after being advertised as having land suitable for up to eight homes.

Samuel Smith's added that the non-pub use condition applied to a small number of properties in areas where the brewery already owned an operational pub less than a mile away, and that other pubs that are part of the brewery's estate are in the process of reopening.

The spokesperson added: "The local communities around the properties will continue to have a local Sam Smith's pub where we look forward to hosting them."

The new National Planning Policy Framework (NPPF) published in August also provides safeguards against the loss of key community facilities, including pubs.

Where the commercial viability of a pub or shop is an issue, evidence should be provided that reasonable steps have been taken to market the property for its existing use without success for a period of at least 12 months.

A spokesperson for the Ministry of Housing, Communities & Local Government said: "Our planning policy clearly says that pubs which are up for sale must not be sold as another type of business, unless steps have been taken to market the property for its existing use without success for a period of at least a year."

They added that "councils can block the change in use if planning rules are not followed".

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