The six companies subject to the Pubs Code have written to Richard Harrington MP — Minister at the Department for Business, Energy and Industrial Strategy — agreeing to waive their right to confidentiality in arbitration decisions made by the Pubs Code Adjudicator (PCA).
Under the Arbitration Act, decisions must remain confidential, unless all parties to a decision agree to publication. The move by pub companies to waive their rights in this respect will help in providing clarity and transparency for the whole sector, according to the British Beer and Pub Association (BBPA).
Since the Pubs Code came into effect in July 2016, the six companies subject to the code (Admiral Taverns, Ei Group, Greene King, Marston’s, Punch Taverns and Star Pubs and Bars) have been working constructively with all industry stakeholders to ensure that the spirit and the letter of the code is put into practice, says the BBPA. The association said it and its members would continue to engage in a positive manner so that the partnership pub model flourishes.
BBPA chief executive, Brigid Simmonds, said:“The decision of the pub companies to waive their rights in this respect aims to reassure the whole sector about their commitment to clarity and transparency. It is something that has been under discussion for some time, but clearly there are detailed legal hurdles that need to be overcome.
“The pro-active agreement of the six companies to agree to this approach is an important step. It highlights the fact that we remain committed to working with tenants and the Pubs Code Adjudicator to ensure that the code is delivered as Parliament intended.
“We have also suggested that each company [market rent only] agreement is accredited by the PCA to ensure that the system is more open, transparent and provides clear guidance to licensees.”
