DOVER KENT ARCHIVES

Page Updated:- Tuesday, 07 September, 2021.

PUB LIST PUBLIC HOUSES Paul Skelton

Earliest 2 Dec 2012

Why Not

Closed 9 Nov 2013

3 Lymington Road

Westgate on Sea

https://whatpub.com/why-not

Why Not

Above showing the "Why Not" in 2013 when open.

Why Not July 2012

Above showing the "Why Not" July 2012. Image from Google maps.

 

Located on Lymington Road in a previously unpubbed part of town, a shop conversion having previously been a Butcher's, Flower Shop and lastly a Hairdresser's. In fact the ground floor gravity stillage beer cellar is the former Butcher's cold store which seems to require no artificial cooling. Since being built it has always been a shop and has now been furnished with former wooden dining room tables and chairs and has a superb brown and black quarry tiled floor. As the use of mobile telephones is banned in the bar here a separate back room has been provided which is labelled Telephone and has a seat and table for those that must use their device!! Named after the pub in the J. Meade Falkner book Moonfleet.

 

This pub unfortunately closed in September 2013 but just heard the great news that it's going to open again today, under new management, as yet unknown. (1 Nov 2013)

 

I believe it did open for a few days, but have just heard the terrible news below.

 

From http://www.kentonline.co.uk 10 November 2013. By Mary Louis.

Westgate man Lee Birch accused of murdering wife Anne Birch of "Why Not" micropub after body found in Broadstairs.

Lee and Anne Birch

Lee Birch is accused of murdering wife Anne.

The husband of a woman who ran a Westgate-on-Sea micropub has been charged with her murder.

Lee Birch, 55, is accused of killing 47-year-old Anne Birch, who was discovered dead in Broadstairs on Thursday.

He appeared before Dover magistrates yesterday, where he was remanded in custody.

Birch, of Lymington Road, Westgate, is due at Canterbury Crown Court on Tuesday.

A Kent Police spokesman said the force has referred the matter to the Independent Police Complaints Commission "as is mandatory in cases where there has been previous police contact with the victim".

Birch and his wife Anne opened the Why Not? micropub in Lymington Road, converting it from a hair salon, last December.

According to the venue's Facebook page, it shut in September after the couple struggled to make it work financially.

It is understood new tenants had been secured to run the pub, but they are believed to no longer be able to trade as Mrs Birch was the licence holder.

A message posted on the micropub's website said: "The Why Not is currently closed due to the unexpected passing away of Anne."

Couple Anne and Lee Birch at the opening of the Westgate micropub.

 

The couple - who have a teenage daughter called Molly - were said to split their time between the pub and their pet care business, Molly Coddles.

Speaking at the opening of the Why Not? in December last year, Birch said the idea to take on the licence of the micropub was Anne's idea.

He said: "Anne saw a programme about the first micropub in Kent, which was opened by Martin Hillier in Herne about nine years ago, and we liked the idea of a small pub with a good atmosphere, friendly conversation, stocking real ale, cider and local wines.

"We started looking for suitable premises quite soon after but it took a while to find this place."

Lee and Anne Birch

Anne and Lee Birch outside The Why Not in Westgate

 

The micropub was previously a butcher's and then a hairdresser's and it took the couple a while to transform the venue.

Birch said: "We had a few problems getting permission for change of use because people didn't know what a micropub was.

"But we love the location because we're right in the centre of a large community and the pub has become a focal point. It can hold nearly 50 people so it can also be used for functions.

"There's no juke box or fruit machines and we even have a purpose-built phone room if anyone wants to use their mobile, so it doesn't disturb anyone else."

He added: "It's not like going to work, it's the chance to chat to people in a relaxing environment.

"But we are aiming to be the best micropub of them all."

Mrs Birch was found by emergency services at an address in Whiteness Road, Kingsgate, at just after 1.30pm on Thursday after initial reports she had been injured.

She was pronounced dead at the scene.

Birch was arrested later on Thursday and questioned by officers before being charged with murder late on Friday by detectives from the Kent and Essex Serious Crime Directorate.

A post-mortem examination is due to be carried out to establish the cause of death.

The Broadstairs road remained closed into yesterday as investigations continued.

Officers also cordoned off a section of Pegwell Road, Pegwell Bay, as part of the investigations.

Carole Evans, who lives in the Whiteness Road area, said she had been startled by ambulance sirens initially at around 1.30pm on Thursday.

She said: "My first thought was there must have been a terrible accident because it is such a bad corner.

"Then my son had gone past and saw the forensics and we knew it must have been bad."

 

 

The latest news I have seen from their web site (1 December 2013) part of which says the following:-

"Also, in my opinion, Thanet District Council have again showed gross incompetence in the matter of this pub.

Gary and Jane were trying to re-open the pub (and ran it in Anne's name for a week before her sad passing) – the locals like it, but the idiotic morons at TDC seem to think that this part of Westgate would be much better suited with a kebab shop than a micro-pub. There are currently two takeaways in this part of Westgate – it is so obvious that it needs a third rather than a micropub.

TDC's incompetence beggars belief.

Are TDC the most incompetent council in the country? I rather think so - but that is just my own opinion (I wonder who else agrees!!!).

This situation has now been told to all of the three elected local Councillors (Jodie Hibert, Simon Moores & Tom King) - they all seem to agree that TDC have acted bizarrely and wrongly. Who knows what will follow?"

 

From the https://www.kentonline.co.uk  By Lynn Cox, 11 April 2014.

Obsessed Lee Birch of The Why Not micropub in Westgate jailed for life after murdering wife Anne-Marie Birch in jealous rage in Kingsgate.

A man who murdered his estranged wife in a jealous rage in Broadstairs has been jailed for life after a dramatic courtroom twist today.

Lee Birch has been ordered to serve a minimum of 25 years for strangling Anne-Marie Birch with a length of rope before battering her with a piece of wood in Whitness Road.

The 55-year-old, of Lymington Road, Westgate, had denied murder - and relied on the "partial defence" of loss of control, which can reduce the offence to manslaughter.

But he changed his plea to guilty at Maidstone Crown Court before the end of his trial this afternoon.

Birch, who ran the Why Not? micropub in Westgate with Anne-Marie, sobbed during his early testimony as he continued to declare his love for his wife.

The court heard Birch stalked his wife for months at the former marital home in Nethercourt Gardens, Ramsgate - flouting court orders banning him from any contact - before launching the fatal attack on November 7 last year.

Pathologist Dr Simon Poole said the rope had been looped at least four times around the victim's neck and tied with a knot. She had multiple fractures to her face and head.

The prosecution alleged Birch also intended to kill his wife's new partner Michael Daniels, but could not find him.

Passing sentence, Judge Philip Statman told Birch: "Anne-Marie-Marie Birch was 47 when you killed her and you had been married for 18 years.

"That union produced one child, Molly who is now 15 years of age.

"I have heard and accept that the deceased was a devoted mother and that mother and daughter were protective of each other.

"Anne-Marie stood by you for better or for worse and had no idea of the fraud you carried out (a previous conviction), and she waited for you to serve your prison sentence.

"You then went back to prison (for not paying a confiscation order) and she remortgaged the marital home to ensure the debt was paid and it was a struggle to get over that for both of you.

"In July she decided she wanted to end the marriage and you eventually left the marital home.

"You started to follow her when she and Molly would leave for school and it became deeply oppressive.

"So much so she got a non-molestation order and at the very start of the order you made it clear you would not comply with it.

"You were given a conditional discharge for breaching the order. I have listened to a number of calls Anne-Marie made to the emergency services and she was a woman living in fear of you."

Lee Birch

Murderer Lee Birch was told he will spend at least 25 years behind bars.

Judge Statman added: "I am sure your actions were planned and premeditated and you took three pieces of rope in your van and and cut them to kill your wife.

"You knew she would be walking the dogs and you walked five miles along the beach to a secluded area and you approached her from behind and wound the rope around her neck twice.

"And in the most chilling manner, you then hit her on the head at least five times and you took her life and deprived Molly of her mother.

"You then looked for her mobile phone, took the dogs back and left your wife's body to be found by a stranger.

"You then went to the pub and had a couple of beers before you called the police and told them what you had done.

"Your conduct did cause her mental suffering prior to her death. You could use the term stalking, which you did by your own admission, but there was no violence during the marriage and I accept that.

"You did not have the strength to plead guilty at the first opportunity and sentence you to life imprisonment and you will serve a minimum of 25 years and will be on licence for the rest of your life."

As Birch was taken down to the cells he said: "Thank you your Honor for justice."

Birch claimed he had been offered decorating work and on the morning of the day he killed his wife he went to her home to collect his ladders and other equipment.

While doing so, he said, he saw some rope in the shed and cut it into pieces.

Asked what he would say if it was suggested he cut it to carry out a plan to kill his wife of 17 years, he said: "It is wrong. I would never have harmed Anne-Marie. I didn't go there to kill Anne-Marie. The rope went in my pocket."

Birch said he realised he could be seen from the house and fled because he thought he would be arrested for breaching court orders.

He went to Ramsgate harbour for a shower and later decided to go and find his wife to "have a chat".

He knew she would be walking dogs as part of their business Molly Cuddles in the Whiteness Road area of Kingsgate. He went into the field and told her they could talk.

"By this stage, I had been told Anne-Marie had a new man in her life," Birch told the jury. "I still believed there was hope. She didn't want to talk. She swore at me. She said: 'I don't want you. I don't love you.'"

She told him their daughter Molly never wanted to see him again and that she had a new man she had known for 30 years.

"I grabbed hold of her coat," he added. "I needed to talk to her. She pushed me. I slipped over. I got up. I took the rope out of my pocket and put it on the floor.

"We fell back to the ground. I had one small piece of rope to scare her into telling me everything, of what I had done. More words were exchanged.

"She was laughing. She didn't think it was serious. I put the rope around Anne-Marie's neck twice. It was quick. I strangled Anne-Marie."

Birch said he picked up a branch and struck her on the head. It broke. There were possibly five blows, he said.

Asked why he struck her, he replied: "I didn't want Anne-Marie to suffer. I was not in control of myself at this stage. It was a culmination of everything that had happened over the months.

"I don't know if she was conscious before I hit her with the branch. I tied the rope in a knot while it was still around her neck. I cuddled her. I told her I loved her and will always love her, and I was so sorry."

His barrister Cairns Nelson QC asked why he killed his wife. He sobbed: "I don't know. I never would have hurt her. I never would have taken Anne-Marie from Molly. I think about it every day.

"You can't justify what I have done. What I have done is evil and it was wrong. How can I justify that? I can't."

 

LICENSEE LIST

BIRCH Lee & Anne 2/Dec/2012-Sept/2012

???? Gary & Jane 1/Nov/2013+

 

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