Breaches

A pub-owning business must ensure that the business development manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.

BDM notes of 12 meetings were not sent within the required timescale due to an internal systems error. PCA satisfied POB has taken appropriate action in the circumstances reported.

Provision of a forecast profit & loss statement to include figures and other information specified in paragraph 5(a) to (i) of Schedule 2

25 franchisees affected since October 2022. POB has taken internal action to include making relevant staff aware of Code duties towards franchisees. PCA satisfied POB has taken appropriate action in the circumstances reported.

A pub-owning business must ensure that the business development manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.

BDM notes of 5 meetings were not sent within the required timescale due to staff illness. PCA satisfied POB has taken appropriate action in the circumstances reported.

A pub-owning business must ensure that the business development manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.

BDM notes of 18 meetings had not been provided to tied tenants within the required timescale due to apparent IT user error. POB also unable to verify BDM notes of 3 meetings had been provided to one tied tenant due to manual error. POB has taken internal action, including staff briefings and reminders on application use. PCA satisfied POB has taken appropriate action in the circumstances reported.

A pub-owning business must ensure that the business development manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.

BDM notes of 41 meetings were not sent within the required timescale due to BDM user error. PCA satisfied the POB has taken appropriate action in the circumstances reported.

Duty to carry out a dilapidations survey in accordance with the tenancy terms and at least six months before the end of the tenancy.

12 instances of the dilapidations survey not being carried out at least six months before the end of the tenancy. PCA has given advice to the POB.

A pub-owning business must ensure that the business development manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.

BDM notes of 206 meetings were not sent within the required timescale due to ongoing internal IT issue. The PCA is monitoring the POB’s management and resolution of this IT issue.

Duty to conduct a rent assessment in connection with a rent review required under the tenancy.

In 3 instances the POB did not issue a rent assessment proposal at the end of tenancy rent review. PCA has given advice to the POB.

A pub-owning business must ensure that the Business Development Manager makes appropriate notes of any discussions with tied pub tenants in connection with repairs to the tied pub premises.

Potentially 57 tenants affected over six-month period. POB has taken internal action to include clarifying Code duties with relevant staff. Tenants have been informed of breach and Code rights. PCA satisfied POB has taken appropriate action in the circumstances reported.