Small Business, Enterprise and Employment Bill

Debate between Bill Esterson and Toby Perkins

Tuesday 18th November 2014 Commons Chamber

[Bill Esterson (Sefton Central) (Lab)]

Does my hon. Friend agree that all the ins and outs, ups and downs and unknowns of what the Government will end up bringing forward, either here or in the House of Lords, show why it is important that we support new clause 2, which 91 of us, including me, have signed?

[Toby Perkins]

I do. You will be glad to know, Mr Deputy Speaker, that I will come on to new clause 2 in more detail in a moment, but I basically agree with my hon. Friend’s point. His constituents in Sefton, who feel strongly about their local pub industry, will be glad to know that he took part in debates in the Public Bill Committee and has signed new clause 2.

That brings me nicely on to the contributions that a variety of Members from throughout the House have made on the subject in recent years. The hon. Member for Salisbury (John Glen) told the House about the landlords of the White Horse in Quidhampton, alleging that Enterprise Inns had

“signed them up to a lease on a false prospectus and…made their business completely uneconomic and unsustainable”.—[Official Report, 13 June 2013; Vol. 564, c. 476.]

The hon. Member for Meon Valley (George Hollingbery) has confirmed that the closure of the White Hart in South Harting was caused by

“unsustainable rent demands...from Enterprise Inns”.—[Official Report, 13 June 2013; Vol. 564, c. 476.]

The hon. Member for Romsey and Southampton North (Caroline Nokes) wrote to Enterprise Inns to inform it that the Abbotts Mitre public house in Chilbolton was

“under threat largely due to unrealistic rents and changes in terms and conditions”.

The hon. Member for Bristol North West (Charlotte Leslie) wrote to Enterprise Inns asking it not to close the Lamplighters in Shirehampton, and the hon. Member for Cheltenham (Martin Horwood) has bemoaned Enterprise’s decision not to save the Little Owl. As a Sheffield United fan I am not generally in favour of saving the Owls, but in this case it would have been important. He said that

“a big company has failed to recognise a pub’s value to the community.”

The hon. Member for Pudsey (Stuart Andrew) was also concerned with saving the Owl, this time the one in Rodley, whose threatened closure he blamed on

“the mounting costs imposed by the building owners, Enterprise Inns”.

The hon. Member for Bromley and Chislehurst (Robert Neill) said of the sale of the Porcupine in Mottingham that the public were

“incensed that their right to bid for the pub has been bypassed deliberately by Enterprise Inns and LiDL”.

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[Toby Perkins]

I take issue with the idea that the only pubs that are being closed and turned into supermarkets are unsuccessful ones. The Crispin in Chesterfield is a successful pub that makes good profits, but it does not offer Enterprise Inns the 25-year lease that Tesco is willing to offer, and that is why it is being shut down. Pubs that are turning into supermarkets should not necessarily be described as unsuccessful.

I thought that I had responded to the hon. Gentleman’s point, but I will do so again. Of course we are supportive of steps to support larger pubs, and we think that is important. The specifics of the Government’s proposal and whether it has implications on the right of a community to have its voice heard on such issues is a matter that my hon. Friends in the communities and local government team will consider at greater length. Of course we support pubs that are successful and want to expand, but we also want to defend pubs that have a future in the community but often fall victim to the vagaries of pub companies’ operations, particularly when pub companies close pubs that are successful.

In response to the hon. Member for Burton (Andrew Griffiths) let me turn to the specifics of new clause 2. When debating pub tenants we are talking about a group of people who often work as many hours as anyone, but who earn less than they could legally be paid by an employer on the minimum wage.

[Bill Esterson]

The hon. Member for Burton (Andrew Griffiths) asked my hon. Friend what he is doing to help, and he was just starting to explain. My hon. Friend supports the market rent only option in new clause 2, so that is exactly how he, and the 91 hon. Members who have put their name to the new clause, are supporting pubs in our communities. When mentioning those Members who have referred to pubs in their constituencies, I hope my hon. Friend also expects them to support new clause 2, as do I.

[Toby Perkins]

I certainly do. The hon. Member for Burton had the unrivalled pleasure of listening to a day and a half of debates to which I made a fairly significant contribution—I appreciate that he cannot get enough of my contributions on pubs, but he has had a significant opportunity to hear my thoughts on the matter.

Pub tenants are those who clean their pub and get it ready for the next day’s trade. They are working at the bar, handling supplier relationships, generally keeping a cheerful presence, wearing the mask, and closing up long after most people have finished work, and all the while they know that the unfairness of their relationship means that the whole day’s work has been for nothing financially. Latest figures show that more than half of tied licensees work for less than £10,000 a year. Indeed, during the recent mini-recess I spoke to three pub tenants in my constituency who run pubs owned by the big pub companies, and none of them was taking a wage out of the business. By voting for new clause 2 and amendment 5 we can take a significant step towards preserving pubs for the next generation, and hardwire fairness into that longstanding business relationship.

Amendment 5 is simple but important and should reassure people who have concerns about these complicated issues. The Minister attempted to say that she believes the Government have found a different way to achieve broadly the same thing, but the specific wording of our amendment leaves a lot less potential for businesses to get out of saying that they are covered. To my mind, there are two ways in which the pubs code could fail to deliver what we want—first if the code is too weak and allows pub companies to comply with it while continuing unfairly to disadvantage their tenants; and secondly if we end up with a code that strikes the right balance for our expectations about the behaviour of pub companies, but is drafted in a way that allows pub companies to exempt themselves, or creates confusion as to who is covered.

Already the big pub companies have attempted to create confusion over definitions. The Government were right to acknowledge that they dropped a clanger with the phrase “tied pubs”, which in their definition is supposed to mean those on a tenanted or leased model in England, Scotland and Wales, although the code would need to be enacted separately in Scotland. The phrase “tenanted, leased” is the type of tenure clearly defined and easily established. We remain of the view that amendment 5 will provide the greatest clarification on exactly who should be covered by the Bill.

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[Bill Esterson]

I do not know how many businesses there are in Scotland, but there are 5 million in the UK as a whole, and it is not too hard, by scaling that up, to calculate that the number signing up to the prompt payment code overall is not very big.

There is support for new clause 4 from across the business community. Phil Orford from the Forum of Private Business has said that it would be

“a welcome addition to the proposals outlined in the Small Business, Enterprise and Employment Bill and would go a long way to reducing the time and cost small firms spend on chasing late payments and allow them to concentrate on growing their businesses and creating jobs.”

Government Members must accept that it is supported across the business community. As my hon. Friends have said, the only way to support small businesses is to make the proposal mandatory to ensure that big businesses pay on time. New clause 4 does just that, and I hope that the House will support it.

[Toby Perkins]

I am in the rather unusual position of speaking to my new clauses and in effect winding up the debate at the same time, but it is a challenge I relish.

There have been some very valuable contributions to the debate. I reiterate my admiration of the campaign on late payments led my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams). She has been a really doughty fighter on the issue, and there is no doubt that late payment is a key factor in holding back small business growth. Suppliers frequently report that it is one of the key hurdles that they face, alongside access to finance, because small businesses do not have the cash flow buffers of their large competitors.

The hon. Member for Ipswich (Ben Gummer) has been forced to leave his place—he arrived in rather a rush and left in rather a rush. Let us hope he is properly dressed when he returns. He said, rather ungenerously, that I was in a lonely position as a Labour Member in having run a small business. However, we all know that my hon. Friend the Member for Edinburgh South (Ian Murray) was a small business owner, as were my hon. Friends the Members for Ochil and South Perthshire (Gordon Banks) and for Sefton Central (Bill Esterson) and many of my other colleagues. And so are several of Labour’s parliamentary candidates, who we hope will be joining us here in just a few months. Conservative Members often try to create the impression that they are the only ones who have ever been in business and that all Labour Members were previously engaged in social work, school teaching or whatever they think is not worthy.

Pub Companies

Debate between Bill Esterson and Toby Perkins

Tuesday 21st January 2014 Commons Chamber

[Toby Perkins]

My hon. Friend raises an important point. There are many aspects to the debate on the future of our pubs, but this debate is about the pub companies. I will therefore resist his offer to get drawn into what the shadow Chancellor should propose to do about the taxation of the Scottish whisky industry. However, my hon. Friend rightly identifies whisky as an important product for our pubs, for our economy and particularly for the Scottish economy. Whether the statistic that he has just given us lends any credence to Scottish people’s reputation for an enthusiasm for alcohol I will leave to Members to consider.

[Bill Esterson (Sefton Central) (Lab)]

May I offer an example from my constituency to support the motion and illustrate the urgency of the matter? A constituent of mine moved into her pub a few years ago with the promise of significant investment being made in the property. Those repairs have never been carried out. She also has to buy her beer from the pub company; if she buys from elsewhere, the pub company fines her and charges her significantly more. Does not that illustrate why the motion is so important—particularly the part about rent-only tenancies—and why we need action now? Tenants such as my constituent cannot afford to wait any longer for action.

[Toby Perkins]

I could not agree more with my hon. Friend.

I shall outline how we have arrived at this position. We have now seen the full scale of the revelations from the Select Committee in its four different reviews over eight years. Examples have also been given by many Members from across the House on behalf of their constituents. The hon. Member for Northampton South (Mr Binley), my right hon. Friend the Member for Torfaen (Paul Murphy) and my hon. Friend the Member for Easington (Grahame M. Morris) are all well-known champions of the cause. Just a little research has revealed many more.

The hon. Member for Salisbury (John Glen) has told the House about the landlords of the White Horse in Quidhampton, alleging that

“Enterprise Inns signed them up to a lease on a false prospectus and…made their business completely uneconomic and unsustainable”.—[Official Report, 13 June 2013; Vol. 564, c. 476.]

The hon. Member for Meon Valley (George Hollingbery) has confirmed that

“unsustainable rent demands…from Enterprise Inns”—[Official Report, 13 June 2013; Vol. 564, c. 476.]

led to the closure of the White Hart in South Harting. The hon. Member for Romsey and Southampton North (Caroline Nokes) has written to Enterprise Inns to inform it that the Abbots Mitre in Chilbolton was

“under threat largely due to unrealistic rents and changes in terms and conditions.”

The hon. Member for Bristol North West (Charlotte Leslie) has written to Enterprise Inns asking it not to close the Lamplighters in Shirehampton.

The hon. Member for Cheltenham (Martin Horwood) has bemoaned Enterprise’s decision not to save the Little Owl, saying that

“a big company has failed to recognise a pub’s value to the community.”

The hon. Member for Pudsey (Stuart Andrew) was also concerned with saving the Owl, this time the one in Rodley, whose threatened closure he blamed on

“the mounting costs imposed by the building owners, Enterprise Inns”.

The hon. Member for Bromley and Chislehurst (Robert Neill), who has recently written an excellent article in support of a mandatory free-of-tie option, has said of the sale of the Porcupine in Mottingham that the public were

“incensed that their right to bid for the pub has been bypassed deliberately by Enterprise Inns and LiDL”.

The right hon. Member for East Devon (Mr Swire) told a packed crowd that he would be joining the campaign to save the Red Lion in Sidbury, which Punch Taverns was planning to sell. There are many more examples. My right hon. Friend the Member for Tooting (Sadiq Khan) joined the campaign that successfully saved the Wheatsheaf. My hon. Friend the Member for Westminster North (Ms Buck) was particularly busy: she was trying to save both the Clifton and the Star. My right hon. Friend the Member for Southampton, Itchen (Mr Denham) campaigned to save the Bittern. The list goes on and on and on.

Today we are faced with a choice. We can race to the aid of pubs in distress in our communities—pubs that are the symptoms of the great pubco disaster that plays out in every one of our constituencies and leads to job losses and the loss of a treasured community asset. We can sign the petitions; we can beg the pub companies to be fair this time; we can complain that the rents were too high or that the companies sold a false dream; we can rage against how they did not understand or seem to care about the impact on our communities; we can bemoan that they changed the rules; or, finally, we can act.

Business Rates

Debate between Bill Esterson and Toby Perkins

Wednesday 4th December 2013 Commons Chamber

[Toby Perkins]

Absolutely. My hon. Friend accurately predicts a future part of my speech, which I might none the less give Members the benefit of, as the facts on energy prices are worth repeating and this is an incredibly important point.

Not by accident, one-nation Labour is in touch with the issues that small firms are facing. We have gone out of our way to ensure that the voice of entrepreneurial Britain is not only heard, but spoken by Labour. Around 1,000 businesses attended Labour’s business reception this summer, and from Harlow in Essex to Stockton in Teesside, we have listened to thousands of firms of all sizes.

It is incredibly important to me as a former small business owner to be Labour’s small business shadow Minister. There is a wealth of private sector experience across the shadow business, innovation and skills team, but I am excited that Labour will fight the 2015 election with many more strong business voices standing for election in our colours. From internet entrepreneur Victoria Groulef in Reading West and educational solutions entrepreneur James Frith in Bury North to business owners such as Sophy Gardner in Gloucester and Emily Darlington in Milton Keynes, the face of Labour will reflect that enterprise spirit that embodies what one-nation Labour is all about.

[Bill Esterson (Sefton Central) (Lab)]

As another former business owner, I can guarantee my hon. Friend that the Labour party really does understand that the face of business in this country has changed. That is why this debate is so important. Government Members do not seem to appreciate just how many more businesses there are these days compared with when the business rate regime was set up. [Interruption.] That is why this debate and my hon. Friend’s proposal are so important. [Interruption.] The challenges of online trading and the number of businesses mean that we have to address this crucial issue not just on the high street but for businesses as a whole.

[Toby Perkins]

That is a powerful point, and it is revealing that when my hon. Friend talks about the reality facing those small businesses he faces barracking from the Government Members. They do not understand the reality of businesses in our communities, and they make that clear every day.

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[Bill Esterson]

I agree that small amounts of money can make a big difference to business—I will come on to that—but demand for social care for older and disabled people in places such as Sefton and the legal requirement to fund children’s services make it impossible to provide even relatively small sums of money, certainly on an ongoing basis.

Sefton has put aside a £1 million pot for the current financial year to provide support and has used it for some very good projects, including Christmas lights across the borough, in its various town and village centres, which has contributed. It also includes, I believe, £50,000 to accommodate free parking on Thursdays and Saturdays in the run-up to Christmas. That is part of small business Saturday, which my hon. Friend the Member for Streatham (Mr Umunna) introduced to this country and which was mentioned by my hon. Friend the Member for Chesterfield. Those sorts of initiatives, using small amounts of money, certainly work very well, but it is problematic to try to extend it across a borough with an initiative such as discretionary relief, when cuts of 40%-plus have been made.

In addition to the successes in Sefton on parking and the Christmas lights, we have a number of town teams, as I know do other Members, and they have supported some fantastic local businesses in the towns of Formby, Crosby and Maghull in my constituency alone. On Monday, I was pleased to go along to the opening of five small units in a disused shop in the centre of Maghull that the Labour borough council and Labour members of the town council had been instrumental in setting up. We have five traders, and I understand that trade is already brisk and that the initiative has been successful just in those first few days. That is a good use of the small amounts of money that the hon. Member for Enfield North mentioned, and it is quite right that we should talk about that.

I was surprised by the comments made by some Government Members about retailers. I think one or two of them implied that retailers were not important to the economy or the recovery, but they could not have been further from the truth. Retailers are at the heart of our communities. They and other businesses, particularly small businesses, suffer from high levels of business rates. When I travel round my constituency and meet small businesses, they raise the issue of business rates more than any other. Small businesses want to see action. The hon. Member for Enfield North mentioned the 2% freeze and the fact that the BRC and other business organisations have called for it. He is right about that, but they see it only as a first step—as something that is available because they feel that this Government will do it.

Those organisations also want to see what we are offering: a full business rate cut. We are talking about only a few hundred pounds with a 2% cap, whereas my hon. Friend the Member for Chesterfield is talking about a £450 cut. That is quite a significant difference, when costs are so tight and when we have retailers, as we all do, who are struggling to make ends meet and take enough money out of their businesses to survive.

[Toby Perkins]

Was my hon. Friend as appalled as I was to hear Government Members say, “Well, you know, £410 a year is only a pound or so a day to customers. It’s small beer”? If that is what Government Members think about business rates, does it not show how out of touch they are?

[Bill Esterson]

That is absolutely right. We have seen a massive growth in the number of small businesses. We now have 4.9 million businesses in this country; 40 years ago the figure was only 1 million. Of those 4.9 million, only 200,000 employ 10 or more people, while the vast majority employ a small number of people or are sole traders. For those businesses, a few hundred pounds makes all the difference and is a huge contribution. We were talking earlier about the difference that a small amount of money invested by a local authority makes, and the same is true when the money goes directly into the pockets of small business owners.