THE Toby Jug Inn, Bickington, is to be compulsorily purchased despite another 11th-hour bid by solicitors for the Heavitree Brewery Plc to get Teignbridge Council to put the matter back. On Monday, the district authority's executive decided enough was enough and to go ahead and discuss the issue after hearing the three-page letter was sent on Friday and received only just before the meeting. Chief executive Nicola Bulbeck said it was a lengthy letter and 'it was only by chance it had been picked up this morning'. She advised members that they could proceed with the report in front of them because it was too late for chunky correspondence, or they could take a brief interlude to skim the letter. Mrs Bulbeck pointed out that the date and times of the executive meetings were made known well in advance and on each occasion the opportunity had been offered to all interested parties to go along and speak to the executive. She added that she would not suggest the matter was adjourned yet again after the same thing had happened a month previously. Cllr Jim Grimble said he could not condone the late submission. 'It sets a precedent for disrupting business. On the other side of the equation it is quite a controversial issue. I think the council ought to be seen to be above reproach. We must be seen to be absolutely fair on this one,' he said. The executive adjourned to go into private session so that members could read the letter, and then agreed to go ahead with the debate. The saga has been running for three years, during which time residents have been pressing for the Toby Jug to re-open combined with a community project, and has formed its own Save the Toby Jug Action Group (Stag). Members heard a company interested in taking on the pub – the Wykeham Group Ltd – which has undertaken similar successful projects in the South Hams and Plymouth, had offered to negotiate with Heavitree, but was turned down. Cllr Jeremy Christophers, chairman of Stag, said five public meetings had been held in the village about the matter which had averaged 90 people, but though invited, representatives of Heavitree Brewery had not attended once. The meeting heard that if the CPO was unsuccessful possible costs to the council amounted to more than £23,000. Cllr Brian Berman said he would support the CPO if the Wycombe Group paid all the council costs. 'Without a strict watertight guarantee, I could not support it,' he said, adding that adequate funds should be deposited with the council by the company before the outset. Director of resources, Peter Stabb, replied that in reality that was not possible. Cllr Gordon Hook said he was anxious that the Wycombe Group seemed reluctant to put its money where its mouth is. 'They are not committing themselves to the sort of financial risk we are being asked to. 'I am sitting here representing my residents in Buckland and Milber. What are they going to think if I am investing their money into a boozer on Dartmoor, particularly if I cannot see any money coming in from the villagers,' said Cllr Hook, who believed the villagers themselves should raise some money. Cllr Christophers said £2,500 had been raised by the annual village ball held in a marquee, but they could not raise money without a venue. He said the re-opening of the Toby Jug and the community project would bring social, economic and environmental benefits to the village. In the letter from Ford Simey Solicitors, it stated that the Heavitree Brewery owned and operated more than 100 public houses in Devon and the current closure of the Toby Jug arose from the fact that its operation is not viable in its present form. It maintained that Wykeham had produced no financial analysis, and that the report overlooked Heavitree's previous confirmation that it was willing to re-consider once again the practicability and viability of re-opening the Toby Jug and looked forward to exploring that further with relevant council officers. 'It remains our view that the council is being invited to make a decision that is unreasonable and challengeable,' wrote Mr Simey. The executive agreed that the council enters into an appropriate back-to-back agreement with the Wycombe Group under which it agrees to purchase the Toby Jug if it is to be acquired compulsorily by the council. It also agreed to accept a number of provisions to be entered into by the company for the benefit of the community, and for the company to meet the council's costs, apart from officers time, if the CPO is successful.