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 1 meeting were not sent within the required timescale. 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 2 meetings were not sent within the required timescale due to an ongoing internal IT issue. The PCA is monitoring the POB’s management and resolution of this IT issue.

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

1 instance of the dilapidations survey not being carried out at least six months before the end of the tenancy 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 (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 notes of a large number of meetings between 2018-2024 were not sent within the required timescale, or not sent at all. Considering the substantial number of breaches, the extended time period involved, and the significant remedial actions taken by Star, the PCA issued a written censure to the POB in the form of a report available here. 

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.

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

BDM notes of 2 meetings were not sent within the required timescale due to an ongoing internal IT issue. PCA monitoring POB’s management and resolution of this ongoing IT issue.

3 instances of a dilapidation survey unable to be completed due to no 
access to the property. PCA satisfied the POB has taken appropriate action in the circumstances reported.

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.

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

 1 rent assessment proposal sent 21 days late due to an incorrect email address. PCA satisfied POB has taken appropriate action in the circumstances 
reported.

1 instance of a survey not completed due to no access to the property. 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 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.