House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

167

House of Commons

Tuesday 28 October 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Small Business, Enterprise and

Employment Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [14 October 2014].

Toby Perkins

Mr Iain Wright

Ian Murray

Schedule  1,  page  135,  line  17,  at end insert—

  “(2A)
The adjudicator must not—

(a)
be an employee of a large pub-owning business as defined in section

60 of this Act,

(b)
be a shareholder of a large pub-owning business as defined in section

60 of this Act,

(c)
have been an employee of a large pub-owning business, as defined in

section 60 of this Act within the twelve month period prior to the

commencement of their appointment as Adjudicator.”.

Public Bill Committee:
168

, continued

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  36,  page  31,  line  1,  leave out subsection (4).

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  36,  page  31,  line  2,  leave out “large”

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  36,  page  31,  line  2,  leave out “also”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  36,  page  31,  line  4,  at end insert—

‘(b)
the Secretary of State shall ensure that provisions of the Pubs Code which

carry costs which smaller businesses would find difficult to absorb, as

prescribed, do not fall upon those pub-owning companies who own less

than 500 premises,

(c)
such provisions to be prescribed may include—

(i)
the duty to employ a Code Compliance Officer, and to file annual

Code Compliance Reports,

(ii)
the duty to employ a business development manager and provide

training thereto,

(iii)
the duty to provide parallel free of tie rent assessments”

Member’s explanatory statement

This amendment exempts small family brewers from certain aspects of the draft Pub Companies

Code published in “Pub Companies and Tenants: Government Response to the Consultation” by

BIS in June 2014.

Public Bill Committee:
169

, continued

Andrew Griffiths

Clause  36,  page  31,  line  11,  leave out subsection (5)(b)(ii)

Andrew Griffiths

Clause  36,  page  31,  line  18,  leave out “their tied pub tenants” and insert “such

assessments”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  36,  page  31,  line  19,  at end insert—

“(g)
require large pub-owning companies as defined in section 60 of this Act

to provide a list to their tenants of any products and services they provide

to tied tenants which such a company considers to have a monetary value;

and a statement of what that amount is and how it was calculated; and the

Secretary of State or any tied tenant may refer that amount to the

adjudicator for an assessment of the accuracy of any estimate or the

reasonableness of any assumption in relation to each amount.”.

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  36,  page  31,  line  20,  leave out “large”

Andrew Griffiths

Oliver Colvile

Clause  37,  page  31,  line  45,  at end insert—

“(5A)
Changes to the Pubs Code pursuant to section 37 shall be made by order. Such an

order is subject to affirmative resolution procedure.”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  38,  page  32,  line  12,  at end insert—

“(d)
which purport to give only the pub-owning company the right to break a

tie agreement.”.

Public Bill Committee:
170

, continued

Andrew Griffiths

Clause  38,  page  32,  line  15,  leave out from “(1)” to end of line 17 and insert “only

apply to new agreements or at agreed break points such as rent reviews within current

agreements”

Andrew Griffiths

Clause  42,  page  34,  line  43,  after “vexatious”, insert “or unsubstantiated”

Andrew Griffiths

Clause  49,  page  36,  line  41,  at end insert “or

(c)
the basis and reasoning behind the decision to impose a penalty.”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  50,  page  37,  line  19,  leave out “or wholly without merit”.

Andrew Griffiths

Clause  50,  page  37,  line  20,  after “merit”, insert “or unsubstantiated”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  59,  page  40,  line  30,  leave out “D” and insert “E”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  59,  page  40,  line  40,  at end insert—

“(6)
Condition E is that the premises is owned by a “pub owning business” or a “large

pub owning business” as defined in section 60 (1) (2) and (3).

Public Bill Committee:
171

, continued

(7)
A premises which may meet conditions A-E, but is a premises that was not

intended to be subject to the pubs code as defined in section 36(1) and (2) is

excluded”

Member’s explanatory statement

This amendment further clarifies the subject of the Code as being a premises which is part of a pub

owning company or a large pub owning company.

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  60,  page  41,  line  4,  leave out “and large “pub-owning business””

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  60,  page  41,  leave out lines 5 and 6.

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  60,  page  41,  line  6,  leave out “one” and insert “500”

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  60,  page  41,  line  8,  leave out “pub-owning”

Public Bill Committee:
172

, continued

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  60,  page  41,  line  8,  leave out “large”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  60,  page  41,  line  10,  leave out “tied”

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  60,  page  41,  line  12,  leave out “pub-owning”

Sheryll Murray

Andrew Griffiths

Anne Marie Morris

Richard Fuller

Sir Hugh Robertson

Stephen Gilbert

Oliver Colvile

Clause  60,  page  41,  line  12,  leave out “large”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  60,  page  41,  line  15,  leave out “tied”

Toby Perkins

Mr Iain Wright

Ian Murray

Clause  60,  page  41,  line  16,  leave out subsection (4)

Public Bill Committee:
173

, continued

Andrew Griffiths

Clause  61,  page  41,  line  31,  leave out paragraph (b) and insert—

“(b)
who is party to negotiations which have reached the stage of a provisional

trading agreement for the prospective tenancy of a premises which are, or

expected to be, a tied pub ahead of any final terms of the agreement being

agreed.”.

Andrew Griffiths

Clause  61,  page  41,  line  42,  leave out “and includes a tenancy at will” and insert

“but excluding tenancies at will and agreements of less than 12 months”

Andrew Griffiths

Clause  62,  page  42,  line  15,  leave out from “tie” to end of line 16

Ian Murray

Mr Iain Wright

Toby Perkins


Clause  64,  page  43,  line  16,  at end add—

“(7)
The Secretary of State shall make arrangements for a review of the impact and

appropriateness of the reduction of the age threshold for childcare provision in a

school setting in terms of—

(a)
contribution to child development,

(b)
suitability of facilities and accommodation, and

(c)
maintenance of child protection standards.

(8)
The Secretary of State shall lay a report of the findings of the review mentioned

in subsection (7) before each House of Parliament within 18 months of section 64

coming into force.”

Ian Murray

Mr Iain Wright

Toby Perkins


Clause  66,  page  44,  line  19,  at end add—

“(2)
The Childcare Act 2006 is amended as follows—

(a)
In section 31, subsection (1) at end add “, and



© Parliamentary copyright	Revised 28 October 2014