Supplementary memorandum submitted by
Simon Clarke
FACTUAL INEXACTITUDES
In accordance with the Chairman's suggestion
I have prepared a short supplementary submission to tie up a few
"loose ends" and address information which was requested
by the committee in more detail or which, given the constraints
of time, we were unable to raise during the evidence sessions.
It was clear from the previous hearing and subsequent
report that the Committee took a dim view of being misled. Mrs
Simmonds' witness statements contain a number of "terminological
inexactitudes".
At the BISC witness hearings, in answer to Q106,
Mrs Simmonds, whilst discussing the industry mediation, indicated
"…to go completely free of tie was not an option we
were prepared to discuss even in mediation, although we were absolutely
clear that we would discuss the operation of the tie at the time."
Mrs Simmonds was not at the mediation, all the IPC witnesses were.
We are bound by the confidentiality agreement not to discuss the
content of the mediation. In order to preserve, my confidentiality
obligation, I am unable to comment but the article entitled "Talk
of the beer tie was banned from mediation" from "The
Publican" magazine published 19 November 2009, I
believe will be sufficient to demonstrate that Mrs Simmonds was
mistaken.
1. In answer to Q126 Mrs Simmonds denied
knowledge of Brulines and direct debit withdrawals, such practices
only weeks before she had discussed with Karl Harrison, as he
confirmed in answer to Q196.
2. The issue of upward only rent reviews being
"a thing of the past". In answer to Q91, Mrs Simmonds
indicated that the practice of enforcing upward only rent reviews
had ceased in 2005. IPC verbally presented (Q165 & 166)
evidence, that as recently as 17 November 2009, Punch Taverns
lawyers are still disputing that rents should be capable of going
down. Punch Taverns lawyers are maintaining that the terms of
the lease are all that matters and that the codes of practice
and conduct are not legally binding and are unenforceable. I am
advised by the tenant in this case that a full transcript can
be obtained if the Committee are in any doubt of the accuracy
of the above information. I would remind the Committee that even
if the BBPA enforced the removal of upward only rent review clauses,
members could simply resign from the BBPA and continue to implement
the upward only rent review clause as before.
3. On the issue of Brulines, I have previously
submitted but would like the Committee to consider the most recent
email from LACORS which, together with my previous Brulines submission,
confirms, contrary to Mrs Simmonds contention (in answer to Q127)
that Trading Standards have not considered whether Brulines equipment
should, or should not, be prescribed under the weights and measures
regulations, as it is on an individual basis these decisions should
be made. Brulines may have had their system tested but, it would
appear, not by LACORS or Trading Standards, moreover LACORS have
requested equipment to be submitted for testing by the National
Measurement Office but thus far they have declined. The email
confirms that "there is no valid testing regime", I
interpret that to mean, contrary to Mrs Simmonds assertion in
answer to Q127, there is no agreed protocol to which the equipment
should be subjected.
4. Some of Mrs Simmonds faux pas may have
been due to inexperience in the role (three months), she may have
received inaccurate information from BBPA members, who have misled
her as they previously misled the Committee, or perhaps she had
an urge to answer questions rather than honestly stating she simply
did not know. In any event, these economies with the truth do
nothing to offer credibility to the BBPA's assurances for tenants.
The IPC membership have long experienced the empty promises of
the pubcos voiced through their mouthpiece the BBPA, the assurances
are unacceptable and demonstrate that an independent statutory
solution, capable of genuine enforcement, is required if these
companies are to be allowed to maintain a tied tenanted business
model.
21 December 2009
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