Agenda item

This report details an application to list the following property as Asset of Community Value (ACV) for consideration by the Council:

The Victoria Vaults, 47-49 Nunnery Lane, York, YO23 1AB

The application has been made by Campaign for Real Ale (York Branch).

The application has been received, for a decision by the Executive Member in the Council’s statutory capacity as an Asset of Community Value (ACV) listing authority.

Resolved:

                   i.        Approved the listing of The Victoria Vaults, 47-49 Nunnery Lane, York, YO23 1AB, as an Asset of Community Value (ACV).

Reason:    To ensure the Council meets its legislative obligations (pursuant to the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012) and promotes community access to community facilities.

Officers introduced the report outlining the proposal, that CAMRA were an eligible nominating body, and the history of previous nominations. Officers noted the reasons for CAMRA’s nomination, and the grounds of opposition from the owners of Victoria Vaults against it being listed as an Asset of Community Value, before recommending the nomination be accepted.

The Executive Member noted that the owner had raised concerns over a possible abuse of process in relation to the application history and asked that the Council’s Head of Legal Services advise on the legality of the application and the options available in considering the nomination.

The Head of Legal Services advised that, once a nomination is received, the Authority is statutorily required to consider it.  The application was not identical to the previous application in 2024 and there was nothing preventing a nomination from being renewed.  Whilst the history should be acknowledged, the new application should be judged on the information now before the Executive Member. In doing so, the Authority would not frustrate the purpose of the legislation, nor would it be acting unreasonably, nor offending a sense of natural justice such as might amount to an abuse of process.

In relation to the residential flat above Victoria Vaults, he explained that a nomination could not lawfully include a residence, save where it was only partly residential and, but for the residential part, the property could otherwise be listed.  It was for the Executive Member to determine whether there was a physical and functional relationship between the residential part and the remainder of the property. If there was not, the nomination must be refused unless there was a clear demarcation and the 2 areas could be separated into individual nominations.

In determining whether it was realistic to think that, within the next 5 years, the Victoria Vaults could again be used in a way which would further social wellbeing and interests in the local community, whether or not the use was the same as previously, the Executive Member must consider what could sensibly and practically be achieved.  Long term commercial viability was not in itself determinative; a full business case was not required, nor should the nomination be judged on a balance of probability.  Even prospective unlawful use in breach of the present Premises Licence was not automatically disqualifying.  The owners’ comments regarding threatened costs, or a subsequent appeal, could be disregarded.

The Executive Member recognised that this had been a long and challenging process for an Asset of Community Value application. She confirmed that this was a fresh application, and that she would consider all the relevant information and submissions before her. The Executive Member considered that the residential flat and the rest of the property have a functional relationship and therefore would be considered a single nominated property within the regulatory exception for the purpose of this application. The Executive Member also cited the interest in operating the venue as it had been described to her, in balance with the viability issues the owner had raised, and decided that it was realistic to believe that the venue could reopen within 5 years to the beneficial interest of the local community.  In considering all the information available to her today, she was content to accept the nomination.

Resolved:

                      i.         Approved the listing of The Victoria Vaults, 47-49 Nunnery Lane, York, YO23 1AB, as an Asset of Community Value (ACV).

Reason:    To ensure the Council meets its legislative obligations (pursuant to the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012) and promotes community access to community facilities.