Pub Companies

Barry Sheerman Excerpts

Tuesday 21st January 2014 Commons Chamber

[Toby Perkins]

Of course I welcome anyone taking a positive step in what is an incredibly difficult climate. At a time when there are so many pressures on pubs— 26 are now closing each week—anyone who is able to buck that trend will have our wholehearted support.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I am possibly the only Member in the House who owns a pub. I am the chair of the John Clare Trust, which has bought the Exeter Arms, where Clare and his father used to sing and play. Unfortunately, it is closed at the moment, but we are determined to reopen it as a community pub.

[Toby Perkins]

I almost got carried away there, then my hon. Friend announced that his pub was in fact closed. However, the fact that his determination and vigour will ensure that it soon reopens gives us all a sense of enthusiasm and excitement.

My hon. Friend the Member for Edinburgh South (Ian Murray), a former Enterprise Inns landlord himself, will have the honour of winding up the debate. I also want to salute the many other hon. Members who are here today and who have previously raised this issue in debates here or in the press, or joined campaigns in their communities to highlight the problems caused by aggressive pub company behaviour.

In September 2011, the Business, Innovation and Skills Committee’s fourth review of pub companies finally settled on the view that only a statutory code with a mandatory rent-only option would put the pubco relationship on a fairer footing. I was therefore disappointed by the suggestion in today’s Government amendment that Labour should have regulated this issue before. The Government will know that it was precisely because the Select Committee wanted to give the pubcos time to get their house in order that they were given a final chance in 2010, with a timetable that the Secretary of State supported when he first came into office.

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[Vince Cable]

I have not seen those comments by the Office of Fair Trading, but I will certainly look for them. I am rather surprised by them because the whole purpose of that option is to increase competition and market forces. If my hon. Friend could send me the details, I would be interested to see the response of the competition authorities.

[Mr Sheerman]

As I own a pub, I have a great interest in this debate; I am chair of the John Clare Trust and we will be bringing this pub back to life through crowdfunding. The Secretary of State might not have control of the Budget, but he knows that there is a consultation on crowdfunding regulation. If we get that regulation wrong, it will stop a lot of community enterprises funding themselves, so will he ensure that it is appropriate?

[Vince Cable]

I am well aware of the importance of crowdfunding, and the hon. Gentleman might have followed the progress of the business bank, which is now actively engaged in, and supporting, crowdfunding, certainly through the peer-to-peer lending streams. I am aware of the issues with the regulation. Some incumbents, understandably, want their industry regulated, but we need to balance that against the fact that new companies coming into the industry might be less enthusiastic about regulation. Incumbents such as Funding Circle have made a very good case for sensible, moderate regulation.

Let me move on. As I said, we have had four Select Committee investigations into whether the tied model is at the root of the unfairness in the relationship. We have received an enormous amount of correspondence, quite apart from that received from the various action groups, from tenants about problems in their relationships with pub companies and from MPs. The response I have had in the past 10 to 15 minutes shows how widespread such concerns are.

Although pub-owning companies can and sometimes do treat their tenants well, the overall sense from those representations is that the tie arrangements with the pub-owning companies are unfair and that a lack of transparency causes a severe imbalance of negotiating power. That is the essence of the problem. There is an issue about what exactly we should do about it, which is what we are consulting on, but there is no doubt about the problems.

It has also been very clear from the discussions led by the Select Committee over the years that the problem is not so much the tied business model but the unfairness with which it operates. There is quite a lot of debate about the evidence on the speed of closures and how they operate in the tied sector and the non-tied sector. My understanding is that there has been a fairly steady rate of decline, from some 70,000 pubs in 1980 to 50,000 today. Depressingly, that is something in the order of 18 a week net. That decline has continued even after some of the big changes that have taken place in the industry—from the beer orders to pub company consolidation. I know that there is a debate among campaigners about whether tied pubs are more likely to close than pubs that are free of tie, but the evidence I have seen goes both ways. This is not fundamentally an argument about pub closures; it is essentially about the unfairness of and inequalities in the relationship.

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[Paul Murphy]

The hon. Gentleman is absolutely right. The purpose of this debate is not to argue for or against the proposals, because last year the Secretary of State said that he agreed with them. He said that he did not believe in the voluntary system and that a proper system of regulation was needed, and I believe he genuinely believes that. He represents moderation in the Cabinet and, some might argue, social democracy.

[Mr Sheerman]

And sanity.

[Paul Murphy]

Indeed. In which case he would be opposed to the big energy companies, the shenanigans of the bankers and—I believe that he is—the way the pub companies operate, which is to the detriment of the small and medium-sized enterprises that are our pubs. I therefore think that he is on our side.

However, I know from my years in government that things can be delayed for other reasons, even if Ministers pretend that it is because the consultation exercise is too big to handle. I think that the Secretary of State is meeting opposition from Cabinet colleagues, maybe from the Treasury and maybe from the top. The consultation ended months ago and the timetable is now tight, and I do not believe for one second that the delay is being caused by anything other than Government disagreement, whoever it is from.

The longer the delay continues, the greater the damage to public houses in our communities. Some 26 pubs a week are closing. The pub companies themselves have caused thousands upon thousands to close. Some of those closed pubs have now been taken over by big companies and turned into shops—I think Tesco has taken over 130 in the past few months. When we bear in mind the importance of pubs to our communities, we realise that the longer the delay continues, the worse the situation will get.

The Secretary of State has the power to change that. He could persuade his colleagues—that is where the problem is coming from—on how to change those things. Unless he does so, all the promises that he was forced to make last year, which I believe he thinks are right, will come to nought.

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[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

It comes almost as a surprise to me to speak in this debate. First, I am a member of the Methodist Church and we have a long tradition of not being very keen on drinking, although we have modernised a bit since those days. As I said in an intervention, I also own a pub as chairman of the John Clare Trust, because we bought the Exeter Arms in Helpston. It is temporarily closed while we finance what we call an omni-hub in the village, which will meet the needs of the local community and the overall educational purposes of the trust. A journalist said to me the other week, “You must be the only MP who owns both a church and a pub.” Funnily enough, the church in Norwood Green in Halifax, where we have an environmental body, has a strict codicil that states we cannot serve alcohol. It is an interesting world we live in.

May I remind the House of a bit of history? I support the motion today. I do not say that in a partisan way because there is so much agreement about the need for action. I shall support it not only because the Whips will tell me to, but because it is about time we had some action. I think there is a majority in this House for action on the situation of the many people in tied houses. When we took over the Exeter Arms, having negotiated a reasonable price with Enterprise Inns, there had been a succession of tenants who just could not make it work while having to pay premium prices for beer and everything else. They had to pay if they introduced new varieties of food and for all the gaming machines—I did not realise the tie could take a lot of that as well. Many people had found it very difficult to make a go of that pub, and they need a new and fair deal.

[Sir Tony Cunningham (Workington) (Lab)]

I do not want to miss the point because the whole essence of this debate is about fairness. We should always remember that word—fairness—because it has been absent for a very long time in that relationship.

[Mr Sheerman]

My hon. Friend is absolutely right and I was about to make that point. Let us look at the history. I have been in the House quite a long time and I remember what seemed to be a dramatic change when Lord Young of Graffham, then Secretary of State for Trade and Industry, cut up the industry, and the link between brewers that cared about their pubs and the pub estate was broken. That was done perhaps with the best intentions, but the unintended consequence was that people who had a tradition of brewing and who loved beer and their pub outlets were cut out of that relationship. The Conservative Government at that time—I am not being too rancorous about this—created unintended consequences that severely damaged brewing and the pubs of this country.

[Greg Mulholland]

The hon. Gentleman is right to say that that was an unintended consequence of the change, but organisations—particularly CAMRA at the time—said that there had to be a limit for all companies, including stand-alone pub companies, but that was not included because of industry lobbying. That led to the disaster that created the stand-alone pubcos and it is why the Government must now intervene to put that right.

[Mr Sheerman]

I agree, but we cannot get away from the fact that, as I see it, the whole brewing industry and the pub estates have been taken over by money men and women who are interested mainly in the return they can get on the estate and do not have a real love of the sector, brewing, beer and the leisure industry generally. I get the impression that the people who own most of the pubs in our country are not those who love the sector, and they are out to screw as much money and profit from it as they can. Some of them, because they made unwise takeover investments at a particular time, have become very ruthless indeed, although I shall not dwell on that.

The hon. Member for East Hampshire (Damian Hinds) made a very good speech, but one thing I feel strongly about as a long-term campaigner against smoking is the myth that banning smoking in pubs damaged trade. I do not think it did. I think it opened pubs to a broader audience of people who wanted to go out but not to finish the evening stinking of tobacco. That is the only thing I disagree with the hon. Gentleman about.

Hon. Members are sometimes cosy about the pub trade and defend it. I love the pubs in my constituency—I do not go to all of them, but there are some wonderful ones. We have some fine history, too, like the Luddite trail in Huddersfield. At the time of the Luddites, people could not belong to a political society or trade union. The only place they could meet—it was a secret society—was in pubs. People still go to many of the pubs that the Luddites conspired in, which is a lovely bit of history. The Exeter Arms in Helpston is the pub where John Clare played the fiddle—he was taught by Gypsies—and sang with his father, who was also a farm labourer. That is the wonderful history of Helpston. John Clare also worked as the pot man at the Blue Bell Inn to make ends meet.

There is history, but the industry, like any other, must be up to date. Many people stopped going to pubs because they did not keep up to date. The hon. Member for East Hampshire mentioned men going home from work and drinking a lot of beer every night. That has gone. The pub trade should keep up by providing good food and a good selection of drinks—I drink wine, but not much beer. Pubs should have well trained people serving. The skills training in the pub trade is very poor. I care very much about high-quality skills in every sector, but there is too little high-quality training of pub staff. I have found that there is very little training in pub management. Many who have a go at running a pub have never been trained to manage anything, which is a recipe for disaster. We need an industry with training at its core and with 21st century skills.

We also need a diverse community of pubs. One of the first social enterprises I started as a young councillor was a folk club for young people in a Welsh village. Pubs playing the relevant music for the area are an amazing draw. People go to pubs to have fun and a good time. If they cannot have fun and a good time in a pub, what is its purpose? A good time means different things for different parts of the community. The pubs mentioned by the hon. Member for East Hampshire reminded me of Roger Davies, a well known singer-songwriter from Brighouse in West Yorkshire, who strung together the names of all the pubs in his area in a glorious song.

Pubs have to upgrade. Back in the day, someone went into a pub in Rochdale after reading a sign saying, “Pie, pint and a friendly word.” He gets a pint, which is not very good, and his pie. He says to the landlord, “Where’s the friendly word?” The landlord leans in and says, “Don’t eat the pie.” I am sorry that my hon. Friend the Member for Rochdale (Simon Danczuk) was not in the Chamber to hear that, because that is too often the image of the pub. I love CAMRA and my local CAMRA organisation, but it sometimes puts people off. There is sometimes a stand-off in CAMRA pubs. There are only men, many wearing beards and dressed in a particular way. They sometimes make going to the pub a little bit too much of a minority leisure activity, which can be damaging.

The future of pubs is at the heart of the community, doing all sorts of things they have never done before. They could have crowdfunding centres, educational facilities for elderly and young people, and a range of activities, so that they are a hub in a broader sense than anyone has managed to achieve so far. I chair the Westminster forum on crowdfunding. Crowdfunding through CrowdPatch can turn a community around. Where better for such activity than the pub?

I commend the Opposition motion only because I want action. However, I want the trade and the pub industry to come up to date and do exciting and innovative things.

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[Mr Sheerman]

As my pub is soon to be crowdsourced, the hon. Lady can become a member.

[Jenny Willott]

I congratulate the hon. Gentleman on giving probably the best plug to his business, which has been mentioned four or five times in today’s debate—crowdsourcing will clearly not be a problem from now on.

A number of Members who have spoken have previously worked in the licensed trade, so they have been speaking from knowledge not only as constituency Members but as former licensees and so on, which has lent weight to the debate. My thanks go to the members of the Business, Innovation and Skills Committee and their Chair, the hon. Member for West Bromwich West (Mr Bailey). He and his predecessor, my hon. Friend the Member for Mid Worcestershire (Sir Peter Luff), have done crucial work over the years to raise awareness of this issue. I congratulate my hon. Friends the Members for Northampton South (Mr Binley) and for Leeds North West (Greg Mulholland) on their tireless work over a number of years.

Finally, I thank the wide range of people who responded to the Government’s consultation, including tenants, brewers, pub companies and their employees, interest groups, trade bodies, supply chain companies and consumers. Indeed, a number of Members from all parts of the House also submitted their views.

We have heard a number of stories from Members whose constituents are facing real hardship and adversity, which is clearly worrying. In his opening remarks, the hon. Member for Chesterfield (Toby Perkins) name-checked a large number of pubs that have been mentioned in previous debates, so I will not do the same. I would, however, like to highlight some of the Members who have given a passionate defence of pubs: my hon. Friends the Members for Leeds North West, for East Hampshire (Damian Hinds) and for Norwich North (Chloe Smith), the hon. Member for Huddersfield, my right hon. Friend the Member for Hazel Grove (Sir Andrew Stunell), the hon. Member for Clwyd South (Susan Elan Jones), my hon. Friend the Member for Tewkesbury (Mr Robertson), the hon. Member for Plymouth, Moor View (Alison Seabeck) and my hon. Friends the Members for Romsey and Southampton North (Caroline Nokes) and for Burton (Andrew Griffiths). That illustrates how important pubs are to a diverse range of communities across the UK. The constituencies about which Members have spoken today range from the urban to the rural and have very different issues, and that shows just how important pubs are.

As many Members have mentioned, over the course of a decade there have been four Select Committee investigations into the relationship between pub companies and their tenants and into whether a tied model causes an imbalance in bargaining power. The Government have received a large amount of correspondence from tenants about problems in their relationship with their pub company as well as from many hon. Members writing on behalf of constituents.

Although many pub companies behave well and some tenants have written in support of the tie, many others tell us that the tie arrangements with their pub companies are unfair and that a lack of transparency in particular causes a severe imbalance in negotiating power. Another issue that has been highlighted during today’s debate is the research commissioned by CAMRA based on self-reported income, showing that more than half of tied tenants earn less than £10,000 a year compared with only a quarter of those who are free of tie. The problems faced by tenants are real and clearly something needs to be done.

The Government consulted on the creation of a statutory code of practice to govern the relationship between large pub companies and their tenants and of an independent adjudicator to enforce the code. As a number of Members have highlighted, the proposals would represent a real step change for the industry, offering tenants the protection of a code of practice enshrined in statute and an independent and reliable body to which they could turn for assistance—[Interruption.]

The proposed code has at its core two important principles: the principle of fair dealing and the principle that a tied tenant should be no worse off—[Interruption.]