CAMRA has warned developers looking to buy Sam Smith’s pubs for conversion that the sales tactics and property listings are misleading and unenforceable under planning rules.

The Sam Smith’s pubs, including seven heritage pubs, are listed for sale with Fleurets and listings say the sales are for “non-pub use only”.

Some are now marked as “sold subject to contract”, but CAMRA is warning developers conversion could be impossible or costly, as the current listings are contrary to new planning rules and local authorities will have to reject the applications.

Since 2017, any change of use of a pub in England needs planning permission, so non-pub use is for local authorities to decide, not developers or pub groups who are selling their properties.

Government has also recently updated the National Planning Policy Framework, which provides the rules local authorities need to apply when deciding planning applications.

This has strengthened the protections that already apply to pubs, so an applicant wanting to convert one must demonstrate there is no reasonable prospect that the building can remain a local due to lack of community support or because it is not commercially viable. To argue a pub isn’t viable, requires evidence that reasonable steps have been taken to market the property for its existing use without success for at least 12 months.

CAMRA’s national planning adviser, Paul Ainsworth, wrote to Sam Smith’s last month, warning the sales listings were not compatible with the new framework. No response has yet been received.

Ainsworth said: “Firstly, it is entirely shameful that Sam Smith’s, which claims to be a proud brewery with community-focussed pubs, is 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 has 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.”

Pictured: Abbey Inn, Guisborough for sale at £165,000 for “non-pub use only”