Tarling vs Somerset Council & Save the Half Moon Group

This case concerned Mr. Andrew Tarling's appeal against Somerset Council's decision to list the Half Moon Inn as an Asset of Community Value (ACV).

TLDR:

• Mr. Andrew Tarling appealed against the listing of the Half Moon Inn as an ACV.
• The Tribunal had to determine if the pub met the criteria for an ACV under the Localism Act 2011.
• The Tribunal dismissed the appeal, upholding the listing of the pub as an ACV.

The appellant, Mr. Andrew Tarling, owned the Half Moon Inn, a historic pub in Horsington, Somerset. The pub had been a significant community hub since the 18th century but had closed in 2020 due to various economic pressures and the impact of the Covid-19 pandemic.

In January 2023, a local group, 'Save the Half Moon', nominated the pub as an ACV under the Localism Act 2011. Somerset Council accepted the nomination and listed the pub as an ACV in February 2023. Mr. Tarling requested a review of the decision, which was upheld in October 2023, leading to his appeal to the Tribunal.

The Tribunal had to determine whether the pub met the criteria under section 88 of the Localism Act 2011. Specifically, it had to assess if the pub had furthered the social wellbeing or interests of the local community in the recent past and if it was realistic to think it could do so in the next five years.

The Tribunal found that the Half Moon Inn had indeed furthered the social wellbeing and interests of the local community until its closure in 2020. Despite the economic challenges and changes in the community, the pub had played a significant role in village life for over two centuries.

The Tribunal also considered the future use of the pub. Evidence was presented that a company, Remarkable Pubs, was interested in purchasing and restoring the pub. The Tribunal found this to be a realistic possibility, noting the company's experience and resources in restoring historic pubs.

Ultimately, the Tribunal concluded that the Half Moon Inn met the criteria for listing as an ACV. The appeal was dismissed, and the listing was upheld, ensuring that the community had the opportunity to bid for the pub if it were put up for sale.

Legal representatives: Mr. Andrew Tarling (in person) for the appellant, Mrs. A Kershaw-Moore (solicitor) for Somerset Council, Mr. Toby Butler (chairman) for Save the Half Moon Group.

Judicial Panel: Judge Neville

Case Citation Reference: [2024] UKFTT 442 (GRC)