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

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  • Due to the changes in the industry over the intervening decade it was concluded that legislation should be rescinded at that point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