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Firm closing


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16 hours ago, The Voice of Reason said:

Liverpools Anglican Cathedral in their cafe type establishment. Small bottles of wine were also available to purchase but at the time the only red they had was Merlot so I passed on that.
 

Someone attempted to mug me in the grounds there once! 

15 hours ago, Cueey Lewis And The News said:

Did they sell it as Merlot, or as the blood of Jesus? 

I hope they sold bags of those Jesus Crisps too? 

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16 hours ago, John Wright said:

But whether the banning for future sales off was actually justified, or a knee jerk reaction to losing old drinking places that no one, as far as I’m aware, wanted to use as such, post brewery, is important. 

But the judiciary don't make moral judgements about whether they think a change in the law was "actually justified" or not.  Providing it doesn't conflict with other law and it has been drafted effectively, they enforce it and use it to influence other judgments.  And in this case there was a clear reason for the change, the practice was anticompetitive.

Even if no one wanted to reuse a property as licenced premises when it closed, that doesn't mean that circumstances can't alter and it become desirable as such again.  So a covenant that appears irrelevant when applied might be genuinely restrictive later. 

The interesting question is what effect the legal change would have on existing covenants of the type now banned. Just as no one would be prosecuted for a now-legalised offence that took place before legalisation, a covenant that would now be invalid might be easier to challenge at the vey least.

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1 hour ago, Roger Mexico said:

But the judiciary don't make moral judgements about whether they think a change in the law was "actually justified" or not.  Providing it doesn't conflict with other law and it has been drafted effectively, they enforce it and use it to influence other judgments.  And in this case there was a clear reason for the change, the practice was anticompetitive.

Even if no one wanted to reuse a property as licenced premises when it closed, that doesn't mean that circumstances can't alter and it become desirable as such again.  So a covenant that appears irrelevant when applied might be genuinely restrictive later. 

The interesting question is what effect the legal change would have on existing covenants of the type now banned. Just as no one would be prosecuted for a now-legalised offence that took place before legalisation, a covenant that would now be invalid might be easier to challenge at the vey least.

@John Wrightoutlined the likely costs involved in that the other day.

We've discussed it before and I suspected they would be prohibitive. These figures certainly were. 

Given that, I think we're unlikely to ever find out the answer. 

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10 hours ago, John Wright said:

 

Didn’t the brewery sell it, and it was bought by their manager and Stephen Pitts and run as a pub after? Are you sure there was a covenant?

Regarding the covenant, I'm quoting from David Cretney's article, as linked and quoted. But whatever, the place became shot, ruinous and inoperable. 

 

 

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1 hour ago, Banker said:

Never been, can’t have been any good otherwise with a large number of people in vicinity it would have done well 

I don’t think bums on seats are the only factors in whether a hospitality business is successful. Taxes, and bureaucracy are also playing a part, along with food price increases, energy costs etc, and not forgetting in some cases, difficult to recruit skilled and unskilled staff. 

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Now David Ashford claims that DfE should be monitoring the failures of businesses and collating the reasons behind such failures. Can't see that being jumped at by the DfE, their raison d'étre is self promotion and trumpeting success stories, they'll not want to be involved with looking into failures and the wheres and whys, especially if things start pointing towards management of the economy, ie Govt itself? (Source 3FM News)

 

Screenshot_20231117-184310_Samsung Internet.jpg

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