Breaches

A pub-owning business must ensure that the Business Development Manager (BDM) 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 note of 1 meeting was not sent within the required timescale due to BDM error. PCA satisfied POB has taken appropriate action in the circumstances reported. 

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135 instances of POB referring to out of date data in profit and loss statement.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.