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Asset of Community Value determination report (The Lion Public House)

Application reference: CRB031
Nominated asset: The Lion Public House
Site address: Lion House, Staithe Road, West Somerton, Great Yarmouth, NR29 4DP
Parish/ward: Somerton/East Flegg
Applicant: Somerton Parish Council
Landowner: Ian Geoffrey Bromwich and Jill Bromwich 

Decision notice (Section 91 Localism Act 2011 Notice of Inclusion)

It is the decision of Great Yarmouth Borough Council (GYBC), as the responsible authority, that the Nominated Assess does satisfy the statutory test set out in section 88(2) of the Localism Act 2011 and shall be listed as an Asset of Community Value.

  1. 1. Background

    1. 1.1. The Localism Act 2011 (Act) and the Assets of Community Value (England) Regulations 2012 (Regulations) set out the considerations and procedures that apply where a local community group wishes to nominate land or buildings for listing as Assets of Community Value (ACVs).
    2. 1.2. Section 88 of the Act provides that a building or other land in a local authority's area is land of community value, if in the opinion of the authority:
      1. (a) An actual current use of the building or other land that is not an ancillary use furthers the social wellbeing of social interests of the local community; and
      2. (b) It is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social wellbeing or social interests of the local community (s.88(1)).
    3. Or
      1. (a) There is a time in the recent past when an actual use of the building or other land that was not ancillary use furthered the social wellbeing or interests of the local community, and
      2. (b) It is realistic to think that there is a time in the next five years where there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing of social interests of the local community (s.88(2)).
    4. 1.3. Social interests include (in particular) cultural interests, recreational interests and sporting interests (s.88(6)). Social wellbeing is not defined in the Act or regulations and is to be interpreted in accordance with the natural meaning of the words.

  2. 2. Nomination

    1. 2.1. On the 5 November 2025 Somerton Parish Council submitted a nomination to Great Yarmouth Borough Council for The Lion Public House at Staithe Road, West Somerton, Great Yarmouth, NR29 4DP (shown in red on the attached plan) to be listed by the Council as an Asset of Community Value. The nomination was validated on 13 November 2025.
    2. 2.2. The nomination was determined to comply with the detailed provisions of regulation 6 of the Regulations. The nominating organisation is a parish council which comes within the definition of a "voluntary or community body" in accordance with section 89 of the Act and regulation 5(1)(b) of the Regulations. The nomination includes a plan of the nominated site, which is attached to this Determination Report.
    3. 2.3.The Lion Public House is within GYBC's administration area and does not fall within the list of exceptions set out in Schedule 1 of the Regulations and therefore is not excluded from being land of community value.
    4. 2.4. As required by Regulation 8 of the Regulations, GYBC has taken all practicable steps to notify the landowner and other interested parties that it is considering listing the land as an Asset of Community Value. Consultation emails were sent on 25 November 2025.
    5. 2.5. The applicant has made the following representations in support of the nomination:
      1. (a) The public house operated since the early 19th century and was the only public house serving East and West Somerton prior to cessation of trade in January 2023. The facility has not reopened or been replaced.
      2. (b) Prior to cessation of trade the public house provided a social focus for the village community for many years. This has helped to foster social interactions, community spirit and reduce social isolation in the community, including through the provision of events and serving of hot food and beverages.
      3. (c) The applicant has confirmed that a co-operative had previously been established to assist in purchasing the public house including securing grants and investments towards the purchase of the property, with the intention of securing its use as a public house/restaurant and meeting place for various interest groups, in either landlord or community ownership. The nominating body may therefore look into the purchasing and financing of the public house via the co-operative.
    6. 2.6.One representation in support of the nomination was received by a Borough Councillor ward member for East Flegg.
    7. 2.7.Letters of objection were received by the landowner, by an agent on behalf of the landowner, by a prospective future owner of the property, by a former leaseholder and operator of the public house and by a hospitality operations manager. The representations set out the following concerns:
      1. (a)That the Lion Public House is not commercially viable in its current form. Multiple former tenants were unable to operate the premises as a sustainable business, and the landowner reports no credible market interest from prospective pub operators during recent marketing efforts.
      2. (b)That public houses locally and nationally are struggling in terms of viability and that Somerton is a very small village of insufficient population to sustain a commercial public house or similar business. The lack of local patronage was stated by a former leaseholder of the public house to have contributed to its closure.
      3. (c)That the property was previously listed as an Asset of Community Value, during which time no qualifying community group made an offer to purchase the property.
      4. (d)There is significant early interest from potential clients in a new use for the premises comprising various hospitality uses, including 'pub-themed' hotel accommodation and event space.
      5. (e)Prolonged vacancy of the premises risks deterioration and vandalism, and the nomination of the property as an Asset of Community Value has already delayed its sale.

    8. 3. Assessment and reasons for the decision

    9. 3.1.In order to qualify as an asset of community value, an asset must satisfy either the present and future conditions in Section 88(1) of the Act or the past and future conditions in Section 88(2) of the Act.
    10. 3.2.Having considered the representations made by the Applicant and available evidence, Great Yarmouth Borough Council are of the view that the criteria for listing under section 88(1)(a) of the Act has not been satisfied, however the criteria for listing under section 88(2)(a) and 88(2)(b) have been satisfied.
    11. 3.3.Section 88(1)(a) provides that the actual current use of the building or other land that is not ancillary should further the social wellbeing or social interests of the local community. The nomination form and representations detail that the public house ceased trading in January 2023. This is corroborated by local press reports which state that the public house ceased trading on the 29 January 2023. As the building is currently vacant it does not therefore meet the criteria for listing under Section 88(1)(a) of the Act.
    12. 3.4.However, as the nomination is not considered to satisfy Section 88(1) of the Act, the Council must consider whether the nomination meets the criteria to satisfy Section 88(2) of the Act. Section 88(2)(a) provides that there should be time in the recent past when an actual use of the building or other land that was not ancillary use furthered the social wellbeing of interest of the local community.
    13. 3.5.There is evidence within the public domain which supports the view that the building was trading as a public house until relatively recently (January 2023) and had hosted other complementary events when trading as a public house. The public house no longer has its own website, however evidence of its recent use is evident through other external sites such as TripAdvisor.
    14. 3.6.As Somerton is a very small village which lacks alternative community buildings and spaces, with the exception of a small village hall in West Somerton, it is reasonable to conclude that the use of this building as a public house (alongside the range of complementary activities) did contribute towards furthering the social wellbeing and social interests of the local community.
    15. 3.7.The second stage of the test is set out in Section 88(2)(b) which provides that it is realistic to think there is a time in the next five years that there could be non-ancillary use of the building or other land that would further (whether or not in the same way as before) the social wellbeing or social interests of the local community.
    16. 3.8.The objections received to the nomination raised concerns regarding the commercial viability of operating the Lion Public House due to historic trading difficulties experienced by previous tenants, including lack of local patronage and lack of market interest. The statutory tests under Section 88 of the Localism Act 2011 do not require the Council to determine whether a particular commercial model (such as a privately run pub) is commercially viable. However, the Council must consider whether the use of the building in the recent past furthered the social wellbeing or social interests of the community, and whether it is realistic to think that any non‑ancillary community‑benefiting use could occur within the next five years. This may include, but is not limited to, a community‑run model, mixed‑use arrangements, or other forms of community‑focused provision.
    17. 3.9.Having received a notice of disposal in October 2024 for the property when it was previously listed as an Asset of Community Value, a co-operative was established that sought to purchase the public house through a Community Benefit Society Vehicle.
    18. 3.10.It is understood anecdotally that some financial capital had been raised via a co-operative, though the funds were insufficient to purchase the property during a previous moratorium period. Nonetheless this signals a genuine interest by the local community in trying to secure the continued use of the property for the local community. The legislation does not require a nominating body to demonstrate that it can immediately acquire the asset, nor does a past unsuccessful attempt to purchase the property preclude the possibility of future acquisition.
    19. 3.11.Public Houses are a legitimate use that could be considered for listing as an Asset of Community Value, however, there needs to be reasonable judgement upon the extent to which it furthered the social wellbeing or social interest of a local community. Clearly a single pub in a small rural area, or one which is community run, would have greater potential benefits upon a local community than one which operates alongside many others, or where a community was already well served by other similar and well-located available facilities.
    20. 3.12.The permanent loss of the public house would mean that the local community would need to travel to either Winterton-on-Sea (The Fisherman's Return) or Martham (the nearest public house being the Kings Arms). Both of these alternative public houses are located approximately 35-40 minutes walking distance from the village, with little paved footpath provision to access either facility. Therefore, it is likely that the permanent loss of the facility may impact upon the ability of the local community to continue to further their social wellbeing and social interests as it would be significantly less desirous to travel to alternative facilities in either Winterton-on-Sea or Martham.
    21. 3.13.Some representations also noted that the nomination follows a previous ACV listing, and expressed concerns about the implications of the process for the current owner, the prospective purchaser, and the timing of the ongoing sale. While these points are acknowledged, the statutory framework requires the Council to assess the nomination solely against the criteria set out in Section 88 of the Act. Matters such as the effect on a private transaction, or the comparative viability of alternative commercial uses (including hotel or accommodation proposals), are not considerations that the legislation permits the Council to take into account when determining whether the statutory tests are met.
    22. 3.14.Having considered the representations and evidence provided through the nomination, it is reasonable to conclude that the use of the buildings as a public house did contribute towards furthering the social wellbeing and social interest of the local community in the recent past.  
    23. 3.15.Therefore, in the context of the above, it is reasonable to assume that should the building be successfully listed as an Asset of Community Value, that there is likely to be significant local interest to explore such opportunities and potential for sourcing investment in the building which may prove ultimately successful in purchasing the building.
    24. 3.16.In summary, the nominating body has actively considered steps to try to fund and acquire the building for continued use which until recently was performing a key social and wellbeing role within the local community. It is therefore the Council's view that the building has the potential to continue to be used as a community facility and such use would likely continue to further the social wellbeing and social interest of the local community.
    25. 3.17.Under Section 95(6) of the Localism Act 2011, the protected period arising from the owner's previous notification of an intended relevant disposal continues to run for 18 months from the date that notification was received (October 2024). This protected period is not affected by the subsequent lapse of the earlier listing and therefore remains in force until 28 April 2026.
    26. 3.18.Accordingly, regardless of the relisting of the property, a restriction on title will not be entered until the protected period has expired. The existing protected period continues until 28 April 2026, and a new restriction will be added from 29 April 2026. No new moratorium period will therefore apply before this date and the owner may dispose of the property without restriction prior to this date.


  3. Recommendation

    1. 3.19. It is considered that the nominated asset does satisfy the statutory test set out in section 88(2) of the Act for the reasons set out in this decision report.
    2. 3.20. In accordance with GYBC's Scheme of Delegation, it is recommended that the nominated asset be listed as an Asset of Community Value on GYBC's List of Assets of Community Value, and that the Council's list of successful nominations be updated.

  4. Toby Hadlow

    Senior Planning Officer

    12 January 2026

  5. 4. Decision

    1. 4.1. To List: 
    2. Nominated Asset: The Lion Public House
    3. Site Address: Lion House, Staithe Road, West Somerton, Great Yarmouth, NR29 4DP
    4. as an Asset of Community Value in accordance with Section 88(2) of the Localism Act 2011.

Nick Fountain

Interim Head of Planning

12 January 2026

 

Last modified on 13 January 2026