Tribunals · Ribble Valley Borough Council · 2017 rating list

BEER HALL AT HOLMES MILL, GREENACRE STREET, CLITHEROE, CLITHEROE, BB7 1EB

Public House, Restaurant and Premises Decided 14 January 2022 CHG100526706 Altus Group - Oakland - Manchester

OutcomeAllowed in partThe tribunal reduced the rateable value, but by less than the ratepayer sought.
Original RV£250,000
Ratepayer sought£182,000
VO conceded first—
Tribunal decided£224,000from 1 Apr 2017

Figures are as stated in the decision; a dash means the document does not state that figure.

What was argued and what the tribunal found

The appellant argued that the fair maintainable trade (FMT) used in the valuation was excessive and that over-trading allowances should have been applied to reflect the appellant's exceptional operator status, as had been done in the 2010 rating list assessment. The tribunal found no manifest evidence of over-trading attributable to the operator; the property's strong performance derived from its unique architectural character and heritage conversion rather than exceptional operational skills. However, the tribunal agreed the property should be valued as Category 2 at the lower level (reflecting listed building repair liability and limited parking) with food at band B (reflecting kitchen and front-of-house staffing costs), resulting in a reduction from £250,000 to £224,000 RV.

Summary generated from the decision text and checked against it. The appellant was Emporia Leisure Ltd, represented.

Grounds argued

  • Trading receipts (pubs, hotels) · decisive
  • Quantum or end allowance
  • Valuation method
Evidence
Trading accounts, Settled assessments, Photographs, Earlier tribunal decisions
Cases cited
Wishart v Hulst (VO) RA/70/2017; Price v Owain Wynn-Cowell RA 25/2005; Wetherspoon (JD) plc v Day (VO) [2008] RA 129; Lothian Assessor v BBW Ltd RA/470/2008; Watney Mann Limited v Langley (VO) [QB 1963]; Gardiner & Theobald LLP v David Jackson (VO) [2018] UKUT 0253 (LC); Simpsons Malt & Others v Craig Jones (VO) & Others [2017] UKUT 0460; Denton v TH White Ltd [2014] WLR 3926
Hearing
15 December 2021

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