Select Committee on Trade and Industry Written Evidence


Annex A

PUB OPERATING STRUCTURES

  The main operating structures are as follows:

Managed

  The property is owned and operated by a company who employs all of the staff on the premises. The main operator or manager will generally receive a salary plus bonus, based upon the performance of the outlet. Until the Beer Orders, managed pubs were nearly all owned by National Brewer groups and it is worth noting that the two largest managed pub groups today originate from the sale by the brewery companies of their managed pub chains in the last five years. Many of the managed pubs are branded and each site will tend to cater for a very specific sector of the market. The main focus of managed chains has in recent years polarised to the high street and roadside food establishments.

  Managed pubs tend to be significantly larger than average pubs, and will generally have a much higher turnover and unit profitability, in order to offset significantly higher overhead costs.

  Since the Beer Orders a number of managed pub operators have formed, many starting with pubs leased from the leased and tenanted pub operators and then expanding into other freehold and leasehold premises.

Major managed pub chains include Mitchells & Butler ("M&B"), Spirit Group and J.D. Wetherspoon.

Leased/Tenanted

  The freehold of the property is owned by a pub company, brewer or property investment company and then let on a commercial lease to an individual or business who operates the premises (the "retailer"). The property owner receives a return on their property asset in the form of rent and a share of the margin on the sale of certain goods and services sold by the operator.

  In the main the retailer can operate his property as he wishes, indeed the lease agreement refers to the "right to quiet enjoyment". If the pub is owned by a brewer or pub company, the pub is likely to be leased on a tie for beer and some other alcoholic beverages. In the case of a brewer, the pub will still tend to be branded in the name of the brewer and restricted to selling that brewer's beer. Pub Companies enter into supply contracts with a large number of brewers and offer an unrestricted choice of these products to the retailer.

  Leased/Tenanted pubs tend to be traditional pub buildings, many of which were owned and built by a brewer at some point in the past. Most are not branded and retain traditional pub names. Turnover is typically less than a managed pub but operating costs are considerably lower, partly because of the range of products and support services provided by the pubco landlord.

  Major Leased/Tenanted pub owners include Enterprise Inns, Punch Taverns, Greene King, Wolverhampton & Dudley Brewery and Innspired.

  The distinction between tenanted and leased agreements is explained in the following section.

Franchised

  A small number of companies have offered a halfway house between the structured and salaried model for a manager in a managed pub and the autonomy and operational freedom of a retailer in a leased/tenanted pub. An individual operator will lease the property subject to a format or brand. The brand will be owned by the landlord and will include strict controls on the maintenance of the brand values. In addition to rent, the franchisee will pay a fee for the use of the brand, possibly linked to the turnover of the property. Most other goods and services will have to be purchased from the landlord.

  Currently M&B is the only major franchise pub operator in the UK.

Free-of-Tie Lease

  A commercial lease where the rent is set according to the prevailing property market. The retailer is free to source his goods and services from whoever he wishes. The landlord will usually be a commercial property company and will provide little in the way of support services. The majority of free of tie leases have developed in High St locations as managed pub chains have expanded and councils have been willing to allow planning changes of use on former retail premises such as banks, large stores and cinemas.

  Currently Wellington Pub Company is the only pub company offering solely free-of-tie agreements.



 
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Prepared 14 March 2005