Supplementary written evidence submitted
by The Fair Pint Campaign
SUPPLEMENTARY EVIDENCE RELATING TO TENANT
COMPLAINTS AND DISTRESS
INTRODUCTION
In the absence of a tenant
representation body that has any credibility amongst tenants and
whose remit is to effectively address tenants complaints. Fair
Pint Campaign members have been fire fighting tenant problems,
between running pubs and in many cases fulfilling the obligations
of second jobs. We have been doing our best but have a number
of hurdles in coordinating and presenting these problems for the
committees consideration.
Sadly, many of these cases
are in the early stages or are still active and very sensitive.
The tenants have typically experienced "over muscular"
approaches by the pubco or brewer and are extremely concerned
about "raising their heads above the parapet".
1.0 SUMMARY
1.1 Fair Pint are extremely concerned with the
increase in reports of intimidation and complaints in respect
of pubco or brewer behaviour over the past 12 months.
1.2 We are receiving on average around five calls
a day, both direct to Fair Pint steering group members, Simon
Clarke, David Morgan (through his helpline) and Steve Corbett
and our associates Dave Mountford and Chris Wright who are trying
to assist tenants facing intimidation bullying and uncooperative
responses from their pubcos.
1.3 For many these calls are too late and the
damage is already done, reporting the pubco behaviour to the BII
will not save their business, even if it were a justified code
breach, which given the content of the codes is rare. As has repeatedly
been submitted, the primary issues, which led to the inquiry,
such as tenant profitability, due to over inflated rents and tied
product prices, and intimidation and domineering are not covered
in the codes.
1.4 Simon Clarke is seeking to assist where possible
on the issues relating to accusations of buying out, based solely
on Brulines data, rent reviews and lease renewals. Steve Corbett
has the unenviable task of addressing the calls from severely
distraught tenants with accounts of unfair treatment, an over
muscular approach, breaches of codes of practice, threats of bankruptcy
and many more.
1.5 Even the BII have been referring cases to
Fair Pint in the knowledge that the codes are unable to adequately
address the issues at stake.
1.6 Over the eight months 30 of the complaints
have been about Enterprise, 25 about Punch, 18 others and seven
about family brewers.
1.7 These figures have not shown up in the BII
data for a number of reasons, some were in the complaint pipeline,
other's because they have been resolved, most because the codes
do not cover the tenant issues.
1.8 More has to be done to protect pubco lessees.
1.9 SUGGESTED
RECOMMENDATIONS
1. We ask the Government to act now to bring
in a new statutory code and a code adjudicator. Pub companies
have failed to take up the opportunity offered to them of one
last chance of self regulation.
2. The code should include a free of tie option,
with open market rent, capable of third party referral if the
parties cannot agree.
If the Committee require any further information
or our presence to discuss the contents of this submission we
would be pleased to assist.
Simon Clarke
Steve Corbett
For and on behalf of Fair Pint Campaign
18 August 2011
| 
