Pub campaigners highlight misleading sales tactics over pub properties
CAMRA has issued a warning to potential developers looking at buying pubs for conversion, explaining that the sales tactics and details of the property listings are misleading and unenforceable under current planning rules.
Since 2017, any change of use of a pub in England needs planning permission, so the decision that non-pub use can apply is one for local authorities to make, not developers or pub groups that are selling their properties.
In addition to that, the Government has recently updated the National Planning Policy Framework, which provides the overall rules that local authorities need to apply when deciding on planning applications.
This has strengthened the protections that already apply to pubs, so that an applicant wanting to convert a pub must demonstrate that there is no reasonable prospect that the building can remain a pub due to lack of community support or because the pub isn’t commercially viable. To argue that a pub isn’t viable, evidence that reasonable steps have been taken to market the property for its existing use as a pub without success for at least 12 months is needed.
The pubs, all currently owned by Sam Smith's, are listed for sale with Fleurets, and include statements in the listings that the sales are for ‘non-pub use only’.
Some are now marked as ‘sold subject to contract’, but CAMRA is warning potential developers that conversion could be impossible or highly costly, with the current listing arrangements running contrary to the new planning rules, meaning that local authorities will have to reject the applications.
CAMRA’s National Planning Adviser, Paul Ainsworth, wrote to Sam Smith's last month, warning that the sales listings were not compatible with the new National Planning Policy Framework. To date, no response has been received.
Paul Ainsworth said:
“Firstly, it is entirely shameful that Sam Smith’s, who claim to be a proud brewery with community focussed pubs, are resorting to these tactics. Secondly, we don’t see how this will possibly work with the new planning rules. Other pub operators need a fair shot at taking on these pubs first, or local people who want to explore community pub ownership.
“Unfortunately, as Sam Smith's have not sent a response to my letter, we have now raised this directly with the listing agents and the Department for Housing, Communities and Local Government.”
Notes to editors
The full letter sent to Sam Smith's by Paul Ainsworth:
23 September 2026
By post
Dear Mr Horton,
Samuel Smith, the company for which you are Secretary, have recently put the freeholds of a significant number of pubs up for sale which is, of course, entirely your prerogative.
We are, however, most concerned that many of these pubs are being marketed on the basis of ‘Non-Pub Use Only’.
You will be aware that any change of use of a pub requires planning permission; the decision that non pub use can apply is therefore one for local planning authorities to make, taking account of relevant national and local planning policies.
Recent revisions to the National Planning Policy Framework have strengthened the protections that already apply to pubs. Applicants must demonstrate that there is no reasonable prospect of the pub use being retained due to either insufficient community support or because the pub is no longer commercially viable. In the latter case, evidence should be provided that reasonable steps have been taken to market the property for its existing use as a pub without success for a period of at least 12 months.
We do not consider that your ‘Non Pub Use Only’ marketing complies with that last requirement and that any change of use applications would be rejected on those grounds alone.
Given that many of the pubs now brought to market have been closed for a long time, we hope you are successful in finding buyers who wish to keep them as pubs. We will, though, strongly resist any efforts by you to impose restrictions on future pub use. We will be publicising our concerns about your intentions shortly but feel it only fair to give you the opportunity to explain why you are taking this action – especially as most would-be buyers of ‘restricted’ pubs will be put off by the difficulties they would face in obtaining change of use.
Your early response would therefore be appreciated.
While I understand that your main means of communication may be through post, I have provided a personal phone number and email address at the top of this letter and would appreciate if you could contact me at the earliest opportunity.
About CAMRA:
CAMRA, the Campaign for Real Ale, is a not-for-profit consumer group with over 147,000 members. We have been campaigning for pubs, pints and people since 1971.
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