Publication - Research and analysis

Research on the pub sector in Scotland phase 1: scoping study

Published: 6 Dec 2016
Directorate:
Economic Development Directorate
ISBN:
9781786526533

Study to help Scottish Ministers to decide whether legislation on the operation of pub companies in Scotland needs to be introduced.

Research on the pub sector in Scotland phase 1: scoping study
Annex 8: Chronological overview of historical reporting / assessments

Annex 8: Chronological overview of historical reporting / assessments

  • Beer Orders legislation 1989:
    • Covered all GB
    • Intended to increase competition in brewing and wholesaling
    • Created the legislative and commercial environment from which the current Pub Company was born
  • Office of Fair Trading Report 2000:
    • Reviewed effect of the 1989 legislation
    • Due to the changes in the industry over the intervening decade it was concluded that legislation should be rescinded at that point
    • Legislation was finally revoked in 2003
  • Select Committee Inquiry 1 England & Wales (2004):
    • Overall review of the current pub sector
    • Made note of perceived inequalities between the powers of pub companies and their tenants
    • Requested revision of BBPA voluntary pub code
  • Business & Enterprise Committee ( BEC) Inquiry 2 England & Wales (2008/9):
    • Review of continuing validity of the 2004 report
    • Recommendations made to refer to Competitions Commission
    • View towards limitations on current tie legislation
    • Requested further urgent review into implications of potential legislative restriction to the tie
  • BEC Follow Up Inquiry 3 England & Wales (2010)
    • Review on the effects of new framework Code of Practice issued by the BBPA
    • Recommendation for a move towards formal legislative action if the relationship between the Pub Companies and tenants did not improve
    • Initial timeline set at June 2011
    • Government drafted a support package for pubs including business assistance and local authority action
  • Business, Innovations & Skills Committee ( BIS) Inquiry 4 England & Wales (2011)
    • Task to review the results of the previous inquiry recommendations and the new Code of Practice
    • Little evidence was found of a major, lasting improvement in the pub company/ tenant relationship
    • As a result, the consideration was that statutory legislation was the only way forward
  • BIS Consultation Document England & Wales (2013):
    • Following a lengthy period of submissions and debate the Secretary of State advocated the move towards statutory legislation in January 2013
    • The outline statutory framework provided a model for the power and function of the proposed Pub Adjudicator
  • BIS Consultation Document England & Wales Governmental Response (2014):
    • The response stated clearly that the intention was to legislate at the earliest opportunity to establish a Statutory Code and Adjudicator to cover the tenanted sector (for pub companies with over 500 pubs)
  • The Small Business, Enterprise and Employment Act (Part 4) 2015:
    • England & Wales only
    • Introduced in March 2015 after additional Impact Assessment by BIS
    • Provided enabling powers for the Code and Adjudicator
    • Also allowed the option for Pub Co tenants to have a Market Only Rent ( MRO) agreement if unhappy with their current tie arrangement
  • The Enterprise Act 2016:
    • Designed to address the deficiencies in the earlier legislation
    • Delays in enacting the legislation highlighted the difficulties and lengthy processes experienced in progressing the required legislation in England & Wales
  • BBPA & IFBB Codes of Practice for leased/ tenanted pubs and pub companies (with fewer than 500 pubs):
    • Released in July 2016 for England & Wales
    • Two separate codes one for lessees and one for tenants
    • Separate single code also released for Scotland at the same time

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