Breaches

A rent proposal provided under regulation 15 must contain the information specified in Schedule 2 

Where a pub-owning business is required to conduct a rent assessment or an assessment of money payable in lieu of rent under regulation 19(1), the pub-owning business must send the tied pub tenant a document (“the rent assessment proposal”) containing the information specified in Schedule 2, if it is reasonably available to the pub-owning business

Information specified for the purposes of a rent proposal or a rent assessment proposal

The profit and loss statement provided under paragraph 5 must refer to relevant and current data available publicly in connection with the typical costs of operating a tied pub in the United Kingdom and explain any variance between the costs referred to and the pub-owning business’s costs estimate.

135 instances of POB referring to out of date data in profit and loss statement. PCA has given advice to the POB.

The rent assessment proposal must be provided to the tied pub tenant, in the case of an assessment conducted under regulation 19(1)(a), at least 6 months before the rent review date.

1 instance of a rent assessment proposal not being provided within the required timescale. PCA has given advice to the POB.

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 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.

A pub-owning business must ensure that the tied pub tenant has received the information specified in Schedule 1 before the tenant considers the advice referred to in regulation 10(2)(a)

Isolated incident due to tenant’s circumstances. POB has informed tenant of breach. PCA satisfied POB has taken appropriate action in the circumstances reported.