8
years of select committee investigations, four detailed and comprehensive
reports into the pub trade and finally a full-on Parliamentary debate has
resulted in MPs voting for regulation of our industry and in particular the
regulation of the larger pubcos. Game over, one might think, however the vote
and its expression of the will of Parliament is only the sound of the last lap bell
in this marathon to bring fairness to the world of pub.
Whilst
the pub trade seem to be able to do little about the "externalities" of taxation and
duty escalators, the smoking ban, predatory and irresponsible pricing by
supermarkets for alcohol, the ludicrous way that business rates for pubs are
calculated and the change in consumer behaviour that has led to the closure of
so many pubs it can do something about how the up-coming consultation will
frame the legislation that will regulate the pubcos.
The
pubcos and larger brewery owned estates (those over the mooted ownership
threshold of 500 pubs) will do everything in their power to minimise the impact
of any regulation on their business model. Through its mouthpiece, the British
Beer and Pub Association (a misnomer for sure, as it has precious little to do
with helping individual pubs) the pubcos will make representations that their
business model and more importantly how they implement that model should
continue.
So,
just to remind those who might now take an interest in our industry, beyond
that of being customers, here are a few pertinent facts:
In
evidence to the last Business, Industry and Skills Select Committee, in 2011,
it was reported that 67% of tied tenants earn less than £15,000 a year
46%
of tied tenants with turnovers in excess of £500,000 per annum, despite their
own best efforts, still earn less than £15,000
Set
this against what two of the most notorious pubcos, Enterprise Inns and Punch
Taverns, 'earn' from their pubs on average ... hardly that
of the over-arching principle of a fair division of profit and the new mantra
for Parliament and the industry that a tied tenant should be no worse off than
a free of tie tenant.
The
pubcos will argue that their slice of the pie reflects the "low cost
entry" of taking on one of their leases, the countervailing benefits that
being part of a large estate brings the tenant. They will try to justify their
rent levels as being lower than those of a free of tie tenant, despite tied
rents now outstripping free of tie rents; just as they will try to justify the
routine price-gouging they indulge in for beer as being a 'wet rent' to make up
for their so-called low rent levels and costs of entry.
Commenting on the move towards regulation Adrian
Bailey, MP and chair of the BISC Select Committee, he says
“The relationship between pub companies and their
lessees has been the subject of regular and sustained scrutiny by my Committee
over recent years.
During this period, the industry time and again
failed to address the areas of concern raised by us and deliver meaningful
reform. Opportunities to put its house in order were squandered.
In our most recent report on the issue, frustrated
by the glacial speed of progress, we asked to Government to keep to its
undertaking to consult on establishing a statutory Code and Adjudicator, if we
so recommended.
I am pleased the Government has now agreed to this
and welcome the Secretary of State’s letter. I also welcome his acknowledgement
of the pivotal role my Committee has played in the development of policy in
this area.
The Secretary of State is expected to appear before
the Committee in the near future. I look forward to that opportunity to discuss
the consultation in more detail, including the proposed timetable.”
I'll be looking forward to that encounter too as
this is a complete U-turn for the government, as David Cameron indicated that there
were no plans for regulation after the committee published its last report in his letter to Adrian Bailey.
In its 2011 report, Pub Companies, published
on 20 September 2011, the Committee stated:
"The position of the previous Government—endorsed
by the current Government—was that if we so recommended, it would consult on
how to put the Code on a statutory footing. It is now time for the Government
to act on that undertaking. In its response to our Report, the Government has
to set out the timetable for that consultation and begin the process as a
matter of urgency. We further recommend that the consultation includes
proposals for a statutory Code Adjudicator armed with a full suite of
sanctions. Considering the amount of evidence gathered by us and our
predecessor Committees this should not be a lengthy process; and given the
Government’s undertaking to us we do not anticipate any meaningful delay.
Furthermore, we caution the Government that offering a compromise of non-statutory
intervention would be a departure from its undertaking to us and would not
bring about the meaningful reform that is needed." [para 157]
I would usually say better late than never, but for
many poor sods, the continuing abuse of the tied relationship by pubcos will
have caused untold misery ... so when the government finally announces details
of the consultation process I urge all stakeholders in the pub trade (but
especially tenants of pubcos) to make a representation with as much detail as
possible of how the pubco-tenant relationship has worked for them and what they
want to see happen in terms of regulation, appointment of a truly independent
adjudicator and the teeth that adjudicator needs to make these immoral and
rapacious companies mend their ways.
Suffice it to say, this is a once in a generation chance to cure some of the ills besetting our industry and it behoves us to make sure this chance isn't squandered through apathy and by failing to counter pubco propaganda ... if we get this right then perhaps we can build on the current pro-pub momentum and tackle the other problems we face such as the duty escalator ... and finally at last someone has stated the bleeding obvious, on the Parliamentary record, that pubcos rip their tenants off (and in the process their respective customers too!)