Dairygen wins appeal on Shire Horse

A tribunal recently ruled in favour of Dairygen Limited, deeming the Shire Horse not an asset of community value

In a significant legal decision, the First-tier Tribunal (General Regulatory Chamber) decided on the appeal of Dairygen Limited concerning the listing of the Shire Horse public house as an Asset of Community Value (ACV). The tribunal’s decision, delivered on 10 June 2025, is noteworthy not only for its implications for the Shire Horse but also for its consideration of community assets under the Localism Act 2011.

Dairygen Limited, represented by Mr Joseph Rowlands, the director and licensee, contested the Derbyshire Dales District Council's (the "Council") decision to list the Shire Horse as an ACV. According to the appellant, the public house had ceased to be commercially viable since November 2023, leading to its closure. Rowlands argued that the Shire Horse was no longer a fundamental part of the local community’s wellbeing and social needs. The Council's decision, encapsulated in a notice dated 26 March 2024, concluded that the Shire Horse had a historical role in fostering social interaction within the community and was relevant for future use, recognising that it satisfied certain criteria under the Localism Act. However, the Council acknowledged the pub’s dwindling patronage, particularly since its peak operation years interrupted by the Covid-19 pandemic.

During deliberations, the tribunal considered several key pieces of evidence, including witness statements, and took into account the background and historical relevance of the Shire Horse. It noted that while the pub had played a role in enhancing the cultural and recreational interests of the community in the past, there were substantial concerns regarding its viability moving forward. The tribunal found that while the venue had historically provided significant community benefits, it was not in actual current use to achieve this purpose. Furthermore, it evaluated the likelihood that the Shire Horse would return to a viable state within a five-year period. The tribunal showed considerable caution regarding claims of future viability, particularly given that Mr Rowlands had expressed his intention to retire and sell the premises.

Ultimately, the tribunal allowed Dairygen Limited's appeal, overturning the Council's earlier decision to list the Shire Horse as an ACV. The ruling was founded on several critical factors: the tribunal agreed that the Shire Horse did not meet the criteria for current use under section 88(1) of the Localism Act, as it was not actively facilitating community wellbeing. It expressed scepticism about the realistic potential for future use, especially given the public house's closure and Rowlands' retirement plans. The tribunal concluded that the prospect of finding a buyer willing to invest in reviving the Shire Horse was low, considering its recent operational history and location in a rural area. Additionally, the tribunal acknowledged the Shire Horse's historical significance, primarily driven by its patronage, which had now largely diminished due to changes in local demand and operational viability. Judge R. Watkin presided over the tribunal, marking the decision as pivotal in assessing the balance between preserving community assets and evaluating their practical significance in contemporary society.

The outcome of Dairygen Limited v Derbyshire Dales District Council & Anor serves as a reminder of the complexities involved in listing assets of community value under public law. The case underscores the ongoing challenges faced by many rural pubs, which often act as pivotal community hubs yet struggle with fluctuating patronage and changing economic landscapes. The decision is a profound example of how legal frameworks adapt to contemporary societal needs while respecting historical contexts.