The Forum of Private Business, which has been lobbying the Pub Code Adjudicator to address key areas of abuse by pubcos in their non-adherence to the statutory Pub Code, is formally cutting ties with him, citing his failure to have made any move to resolve the issues.
Forum chief executive, Ian Cass, said: ”We have met with Mr Newby on several occasions and discussed the market rent only option, as well as a number of bad business practices, such as the 72 pint issue and dilapidations, both of which are statutory obligations that pubcos should be respecting, but to the contrary are abusing, with him and his team.”
The two principles of the code are: fair and lawful dealing by pub-owning businesses; and that “tied pub tenants should be no worse off than a free-of-tie tenant”.
Cass said: “Whether through a lack of authority, or any other reason, to our knowledge there have been no proper investigations undertaken by Mr Newby, or enforcements implemented, his preferred approach having been one of discussion rather than action. The PCA has also confirmed that no true market rent only option is available to tenants and, without that choice, a tenant is unable to be no worse off than a free of tie tenant.
“Whilst we continue to make ourselves available to Mr Newby to provide evidence and to engage on specific issues if required, there seems to be no merit in simply joining a regular talk shop, and we have advised him that we believe that our time will be better spent lobbying the politicians directly where the influence may be greater as well as providing much needed information and support to new and existing pub tenants.”
