[2003] EWLands ACQ_3_2002 (17 April 2003)
ACQ/3/2002
LANDS TRIBUNAL ACT 1949
COMPULSORY PURCHASE - compensation - public house - valuation - whether trade affected by unusual competition or effect of the scheme - compensation of £800,000 awarded.
IN THE MATTER of a NOTICE OF REFERENCE
BETWEEN MERCURY TAVERNS PLC Claimant
and
COVENTRY CITY COUNCIL Acquiring
Authority
Re: Smithfield Hotel
Hales Street
Coventry CV1 1JB
Before: N J Rose FRICS
Sitting in public at 48/49 Chancery Lane, London, WC2A 1JR
on 24-26 March 2003
The following case, although not mentioned in this decision, was referred to in the course of the hearing:
R v The Crown Court at Stafford ex parte Shipley [1998] 2 All ER 465
Simon Pickles, instructed by Theodore Goddard, solicitors of London for the claimant.
David Elvin QC, instructed by Pinsent Curtis Biddle, solicitors of Birmingham for the acquiring authority.
DECISION
Introduction
Facts
Issues
Trading quality
Planet Ice | 16 February 2000 |
Orange House | 22 August 2001 |
Jumpin' Jacks | 18 October 1999 |
Ikon Diva | 1 April 2001 |
Chicago Rock Café | 18 September 1999 |
Odeon Cinema | 18 October 2001 |
1999 - £560,105
2000 - £559,641
2001 - £352,514
% | |
October 1998 | + 71.8 |
November 1998 | + 109.7 |
December 1998 | + 28.2 |
January 1999 | + 33.9 |
February 1999 | + 0.5 |
March 1999 | - 1.4 |
April 1999 | - 27.3 |
May 1999 | - 28.1 |
June 1999 | + 28.9 |
July 1999 | - 19.0 |
August 1999 | N/A |
Fair maintainable turnover
Adjusted net profit
Years purchase
Dated: 17 April 2003
(Signed) N J Rose
Addendum
Dated: 3 June 2003
(Signed) N J Rose
Appendix 1
Smithfield Hotel, Hales Street, Coventry, CV1 1JB
Valuation Method 1
By P G Newby, FRICS, MCIArb
Freehouse Purchaser £
Fair Maintainable Turnover (FMT) 475,000
Adjusted Net Profit @ 27.5% 130,625
Years' Purchase 6.5
849,063
Less
Immediate Repairs (25,000)
Tenant's Fixtures & Fittings (23,020)
801,043
say £801,000
= 1.69 x FMT
Appendix 2
Smithfield Hotel, Hales Street, Coventry, CV1 1JB
Valuation Method 2
By P G Newby, FRICS, MCIArb
Pub Company Purchaser £
Income Streams
Total Income 111,750
Years' Purchase 7
782,250
Less Immediate Repairs (25,000)
757,250
say £757,000
= 1.59 x FMT
Appendix 3
Smithfield Hotel, Hales Street, Coventry, CV1 1JB
Valuation Method 1
By S G Day, MRICS
Free House Basis
Gross Receipts 345000
Gross Profit 221685
Less Operating costs 117825
Operating Profit 103860
Less
All repairs/insurance 7000
Refurbishment/renewal 7000
14000
Net Profit 89860
YP 4.5
404370
SAY 404000
Appendix 4
Smithfield Hotel, Hales Street, Coventry, CV1 1JB
Valuation Method 2
By S G Day, MRICS
9 Yr lease: FRI
Rental value 24000
Wholesale Profit
Beer 507 Brls @ 70 35490
Cider 53 Brls @ 80 4240
50% Machine income 10000
73730
YP 5.25 387082
SAY 390,000
Appendix 5
Smithfield Hotel, Hales Street, Coventry, CV1 1JB
Valuation Method 2
By S G Day, MRICS
3 Yr Tenancy: Internal Repairing
Rental Value 16000
Wholesale Profit
Beer 507 Brls @ 110 55770
Cider 53 Brls @ 80 4240
50% Machine income 10000
86010
Less
External Repairs/Insurance 7000
79010
YP 5.5
434555
SAY 435,000
Appendix 6
Smithfield Hotel, Hales Street, Coventry, CV1 1JB
Summary of Takings during Mrs Cusack's Tenancy
Figures Net of VAT | Figures Net of VAT |
1998 | £ |
May | 5,658.36 |
June | 29,811.87 |
July | 30,072.58 |
August | 41,825.61 |
September | 32,062.80 |
October | 41,719.30 |
November | 40,388.22 |
December | 35,466.11 |
1999 | |
January | 43,972.25 |
February | 36,453.35 |
March | 35,935.93 |
April | 30,836.81 |
May | 37,815.03 |
June | 26,042.00 |
July | 36,327.82 |
August | 22,501.54 |
Appendix 7
Smithfield Hotel, Hales Street, Coventry, CV1 1JB
Barrelage Figures
Oct 97 | Nov 97 | Dec 97 | Jan 98 | Feb 98 | Mar 98 | Apr 98 | May 98 | June 98 | July 98 | Aug 98 |
31.15 | 31.84 | 68.19 | 31.23 | 54.17 | 73.00 | 63.69 | 48.44 | 41.60 | 45.94 | N/A |
Oct 98 | Nov 98 | Dec 98 | Jan 99 | Feb 99 | Mar 99 | Apr 99 | May 99 | June 99 | July 99 | Aug 99 |
53.51 | 66.77 | 87.44 | 41.84 | 54.43 | 72.00 | 46.28 | 34.81 | 53.64 | 37.21 | 31.44 |