Decision relating to the Nomination of The Churchill Arms Public House

Decision relating to the Nomination of The Churchill Arms Public House, 45 High Street, Sturminster Marshall, Wimborne, Dorset, BH21 4AS as an Asset of Community Value

Dorset Council has considered the nomination of the above property as an asset of community value under Part 5 Chapter 3 of the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012. Kindly note that the nomination was submitted to East Dorset District council whose statutory responsibilities have now transferred to the newly formed unitary Dorset Council and the decision was therefore made by the latter council.

The council has decided not to list The Churchill Arms, Sturminster Marshall as an asset of community value having considered the various tests required under the relevant legislation.

Our decision is as follows:

1. the asset is within the council’s administrative area. This satisfies the legal requirement under Section 88 of The Localism Act, 2011 (The Act)
2. the Churchill Arms, Sturminster Marshall is not an asset that is exempt from listing as an asset of community value as set out in The Assets of Community Value (England) Regulations, 2012, (The Regulations), Schedule 1
3. the nomination was validly made by Sturminster Marshall Parish council under Section 89 of The Act and Regulation 4 of The Regulations
4. the council does not consider that The Churchill Arms, Sturminster Marshall satisfies the requirements of Section 88 (1) (a) and (b) of The Act, because the current non-ancillary use no longer furthers the social wellbeing or social interests of the local community because the pub closed on in November 2017
5. where a building or other land in a local authority's area is not land of community value as a result of Section 88 (1) of the Act, the building or land can be considered further under Section 88(2) of the Act. The council considers that Section 88 (2) (a) of The Act has been satisfied as The Churchill Arms, Sturminster Marshall was, until recently, operating as a village pub and therefore was an asset of community value “in the recent past”

The council considered evidence received from the nominating body in support of this decision, that before it closed, The Churchill Arms, Sturminster Marshall provided support for a variety of community groups including football, crickets and darts teams and was the second home of Poole Speedways. The workers from nearby industrial estate used the pub regularly and it has also provided employment for young people in the local area. At least 1,500 adults live within a 1 mile radius to the pub and approximately 16,000 within a 10 mile radius. The Churchill Arms provided a venue for sports teams and also for live music, charity events and fundraisers. The other pubs in the village provide an equally important role but they are distinctly different in their offer as they cater for a dining experience and offer little community space.

However, the council does not consider that the requirements of Section 88 (2) (b) of The Act have been satisfied as no evidence has been supplied by the nominating body as to whether it is realistic to think that there will be a time in the next five years when there could be a non-ancillary use of the building and land that would further, (whether or not in the same way), social wellbeing or social interests of the local community. Furthermore, in your response to the nomination, you have also not provided any supporting evidence of any future use that would further the social wellbeing and social interests of the local community.

The council’s decision in respect of this does not preclude further nominations with more detailed information for consideration under this section of The Act.

6. the council also considered your submission that Sturminster Marshall has six other licensed premises and considers that the presence of other pubs in the locality is not relevant

Taking all of the above into account, it is therefore the council’s decision not to list The Churchill Arms, Sturminster Marshall as an asset of community value. This is primarily because of the lack of information as to whether it is realistic to think that there will be a time in the next five years when there could be a non-ancillary use of the building and land that would further, (whether or not in the same way), social wellbeing or social interests of the local community under Section 88 (2) (b) of The Act.