Toggle search
Toggle menu

Asset of community value determination report - Kings Head Public House, Hemsby

On this page

There are no headings on this page to navigate to.

Decision Notice

It is the decision of Great Yarmouth Borough Council (GYBC), as the responsible authority, that the Nominated Asset does not satisfy the statutory test set out in section 88(1) or 88(2) of the Localism Act 2011 and shall not be listed as an Asset of Community Value.

  1. Background

    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. 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. 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.

Nomination

  1. The Kings Head Public House had previously been listed as an Asset of Community Value, with that listing expiring on 15 February 2026. The expiry of the previous listing does not create any presumption in favour of the current nomination. In accordance with the Localism Act 2011 and the Assets of Community Value (England) Regulations 2012, the Council is required to determine each nomination on its own merits based on the evidence submitted and the statutory tests set out in Section 88 of the Act.

  2. Hemsby Parish Council submitted a valid nomination to GYBC on the 20th January 2026 for The Kings Head Public House and associated land including car parking at North Road, Hemsby, Great Yarmouth, NR29 4LR, (shown outlined in red on the attached plan) be re-listed by the Council as an Asset of Community Value.

  3. 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 nominated site. 

  4. The Public House and its associated land are 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.

  5. 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 the merits of listing the land as an Asset of Community Value. Consultation notification letters were posted on the 29 January 2026.

  6. Following a consultation response on behalf of the freeholder of the property, the Council were made aware of an existing tenancy agreement relating to the property. Efforts have been made to identify the relevant tenant, and emails were sent on 6th March 2026, requesting any response to the consultation notification by 19th March 2026. No response has subsequently been received. Accordingly an extension of time for the determination of the nomination was agreed with the Parish Council until 27th March 2026.

  7. The nominating body has made the following representations in support of the nomination:

    1. The nominating body states that the Kings Head Public House has been brought back into use since the previous nomination period and is now operating again as a "thriving business" within the village.

    2. The 2022 Neighbourhood Plan survey indicated that 71% of respondents wished the public house to remain in use for the village community.

    3. The Parish Council suggests that, if the nomination were successful, the asset could operate as a community pub and hub, offering uses such as a drop‑in centre, dementia support groups, exercise classes, a community café/cinema, and a library.

    4. The nominating body states that future acquisition would require securing funds to purchase the building, with the long‑term intention that the facility would be self‑financing.

    5. Additional supporting information refers to the heritage value of the building, noting its age, original architectural features, and history as two cottages joined in 1846 to form the public house.

  8. Two representations in support of the nomination were received by Borough Councillor ward members for East Flegg.
  9. One letter of objection was received on behalf of the landowner. The representation set out the following concerns:
    • The nomination is considered invalid, as the nominating body did not provide sufficient evidence demonstrating its eligibility to make a community nomination under Regulation 6.
    • The representation argues that the nominator provided no evidence that the current use promotes community interaction beyond what would normally be expected from a commercially‑run public house, citing relevant case law indicating that pubs are not ACVs by default.
    • The objector states that proposed future community‑hub uses are not realistic given the physical layout and space limitations of the building and notes that similar provision already exists at The Pavilion, Waters Lane, which hosts community meetings and events.
    • The objector highlights that there are multiple alternative public houses within one mile, providing similar facilities, meaning the Kings Head is not the sole venue for social interaction.
    • Heritage‑based arguments raised by the nominator are described as irrelevant, as age or architectural character is not a consideration under the 2011 Localism Act or 2012 ACV Regulations.
    • The representation concludes that listing the property would unfairly restrict the owner's ability to deal with the property, with potential financial impacts.

Assessment and Reasons for the Decision

  1.  The objection received on behalf of the landowner asserts that the nomination is invalid on the basis that insufficient evidence was provided to demonstrate the eligibility of the nominating body. However, Hemsby Parish Council is a Parish Council and therefore meets the statutory definition of a "voluntary or community body" under Section 89(2)(b)(iii) of the Localism Act and Regulation 5(1)(b) of the ACV Regulations.
  2. Parish Councils are expressly recognised as qualifying bodies and the Council do not consider it necessary to supply any further evidence of eligibility given that they are satisfied that the qualifying body is indeed the Parish Council. The nomination form clearly identifies Hemsby Parish Council as the nominating organisation, and the Council is satisfied that the nomination complies with Regulation 6 of the Regulations. Accordingly, the nomination is considered valid.
  3. In order to qualify as an Asset of Community Value, the nominated 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). The Council has considered the nomination submitted by Hemsby Parish Council, the supporting representations received, the objection submitted on behalf of the landowner, and other evidence available within the public domain.
  4. Section 88(1)(a) requires that the current, non‑ancillary use of the nominated land should further the social wellbeing or social interests of the local community. The nomination confirms that the Kings Head Public House is currently trading and is described as a "thriving business" within the village. However, no evidence has been provided to indicate that the current use of the premises includes activities or functions which further the social wellbeing or social interests of the community beyond what would ordinarily be expected from the operation of a commercial public house.
  5. The building is currently used as a pub and includes the serving of food. This is a legitimate use that could be considered for listing as an Asset of Community Value, however, there needs to be a reasonable judgement upon the extent to which it would further the social wellbeing or social interest of a local community. Clearly a single pub in small rural village, or one which is community run, may have greater potential benefits upon a local community than one which operates alongside many others, or where a community is already well-served by other similar and well-located available facilities.
  6. The nominated building is located on North Road in Hemsby. The representation on behalf of the landowner contains an appendix from the campaign for real ale (CAMRA), outlining other public house provision in Hemsby. The Council has reviewed the provision of other public houses in Hemsby and concur that there are several pubs and similar venues located close to the nominated asset including The Bell Public House and Hemsby Sports and Social Club (both 480m away). There also existing provision with the settlement, under 2km from the site via paved footpaths, including The Lacon Arms, The Sandsgate Bar and the Dolphin Bar. It is therefore considered that the existing community are already well served, and within reasonable walking distance, of a range of similar uses to the nominated building.
  7. The nomination form outlines that the public house "promotes community interaction" and "provides employment opportunities for residents", but no supporting information, examples, events, or demonstrable activities have been provided to substantiate the extent of this assertion. Employment creation is not a relevant consideration under Section 88, and the assertion of community interaction, in the absence of evidence, does not satisfy the statutory threshold for community value.
  8. The received objection notes that the public house is occupied under a 10‑year protected commercial tenancy (expiring 2031), and that its successful commercial operation does not, in itself, demonstrate community value, with relevant case law indicating that pubs are not ACVs by default. The Council concurs that the operation as a public house does not automatically amount to a non‑ancillary community use furthering social wellbeing.
  9. Having reviewed the information submitted, the Council concludes that there is insufficient evidence to determine that the current use of the property furthers the social wellbeing or social interests of the local community in the sense required by Section 88(1)(a). Accordingly, the criteria in Section 88(1)(a) are not satisfied, and it is not necessary to consider Section 88(1)(b).
  10. As the nomination is not considered to satisfy Section 88(1) Act, the Council must consider whether the nomination meet the criteria to satisfy Section 88(2) of the Act.
  11. Section 88(2)(1) of the Act provides that there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social wellbeing or interest of the local community.
  12. The nomination contains no evidence describing past community‑benefiting events, functions, groups, or activities associated with the public house. Instead, it states that the public house is now back in use and operating successfully as a business.
  13. In contrast to successful nominations (such as where a pub has acted as the only social venue in a small rural community or hosted regular community-focused events), the Kings Head is located in an area with several alternative public houses and community venues within one mile. No evidence has been presented to demonstrate that the Kings Head Public House, in the recent past, played a particular or distinctive community role that furthered the social wellbeing or social interests of the local community. Therefore, the criteria under Section 88(2)(a) are not satisfied.
  14. The objection received also raised concerns regarding the feasibility of the Parish Council's proposed future community‑hub uses, including the suggestion that the building does not have the physical capacity to accommodate such activities and that similar provision already exists elsewhere in Hemsby, notably at The Pavilion on Waters Lane. While these points were noted, the Council is not required to assess whether any proposed future non‑ancillary use would be realistic unless the criteria in Section 88(2)(a) are first satisfied. As the nomination does not meet the test in Section 88(2)(a), the Council has not considered these matters further under Section 88(2)(b).
  15. The landowner's representation also expresses concern that listing the property as an Asset of Community Value would restrict the owner's ability to deal with or dispose of the property, potentially resulting in financial impacts. These matters are not due considerations under Section 88 of the Localism Act 2011 or the Assets of Community Value Regulations when determining whether an asset meets the statutory definition of community value. The Council is required to base its decision solely on the statutory tests relating to current, recent past, and potential future non‑ancillary community uses. Consequently, the concerns regarding the implications of listing for the owner's commercial interests have not formed part of the Council's assessment.

Recommendation

  1. In its considered that the nominated asset does not satisfy the statutory test set out in section 88(1) or 88(2) of the Act for the reasons set out in this decision report.
  2. In accordance with GYBC's Scheme of Delegation, it is not recommended that the nominated asset by listed as an Asset of Community Value of GYBC's List of Assets of Community Value. The Council's website will be updated to show this as an unsuccessful nomination.

Toby Hadlow
Principal Strategic Planner
25 March 2026

Decision

  1. Not to list:
    Nominated Asset: The Kings Head Public House
    Site Address: North Road, Hemsby, Great Yarmouth, NR29 4LR

    As an Asset of Community Value in accordance with either Section 88(1) or 88(2) of the Localism Act.

    Signature of Delegated Officer
    Kim Balls
    Strategic Planning Officer
    25 March 2026
Last modified on 25 March 2026