Small Business, Enterprise and Employment Bill

Brian Binley Excerpts

Wednesday 16th July 2014 Commons Chamber

[Mr Brian Binley (Northampton South) (Con)]

I wholeheartedly welcome the Bill. I have been an advocate in this place of small business since I came here, having founded two small businesses that have grown to employ almost 300 people. That underlines the power of small businesses in our business sector. I am vice-chairman of the Business, Innovation and Skills Committee and am proud of the work we have done, particularly in advocating the pub code. I am also the chairman of the second largest all-party group after that on beer, namely the all-party group on small business. It has been one of the major themes I have pursued since I came to this place.

I want to concentrate on clauses relating to the pub code. When the BIS Committee took evidence, we found that many tenants had been attracted to pub tenancies by misleading information given by pubcos—I am excluding small and sizeable family breweries—that turned out to be untrue. The Committee proved that estimated profits were often overstated and that the effect of estimated costs relating to a combination of dry and wet rent was often understated. The result was tenants investing money on a fake premise. They lost that investment over time by supporting an ever-more costly business which eventually failed. What happened then? Similar tenants came in to support a pubco financial model that is heavily laden with debt and that simply does not work without that sort of subsidy—but it is a criminal sort of subsidy, and I say that without fear or favour.

I am for a pub code, but I do not think it goes far enough with regard to those particular pubs and companies. We need to do more. The Federation of Small Businesses survey found that almost 90% of tied tenants would take a free-of-tie option with an independently fair-rent option, and 51% confirmed that the rent paid to a pubco is higher than in the open market—a crazy situation—while 98% would have more confidence in the future of their business if they were free of tie, 78% would invest in pub maintenance and 73% would invest in modernisation. The figures are meaningful.

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[Madam Deputy Speaker (Dame Dawn Primarolo)]

Order. Sit down. We are really pressed for time and Members need to be disciplined. We did not need the introductory remarks, so you have lost the opportunity to make your point. I call Brian Binley.

[Mr Binley]

President Brian Binley. [Laughter.] I apologise, Madam Deputy Speaker.

The Bill proposes a mechanism called a parallel rent assessment. From a tenant’s point of view, such a mechanism is time consuming, and it will allow a pubco to run a tied tenant into financial collapse long before they receive an adjudication determination. It is potentially expensive for tenants, requiring them to employ professionals to represent their case, and it is complex. It is also totally unsupported: no organisation, pubco, brewer, tenant or consumer supports the parallel rent assessment mechanism. I am therefore surprised that the Government have recommended a mechanism with so little backing.

I appeal to the Minister to reconsider the proposals on pubcos, especially as they relate to the tie, and to consider the opportunity for a fair rent option without a tie. I am happy that the breweries are excluded from that particular element—the Select Committee in fact asked for that—but pubcos should be willing to face up to their responsibility in relation to encouraging tenants to take their pubs on false pretences. If hon. Members have, like me, seen a woman in their office in tears because she owes £94,000, having taken on a pub on a false premise, or seen a husband trying to comfort his wife because they know they are going bust, having sold their house to invest in a pub—there are many examples of that kind—they would recognise that reality.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

Will the hon. Gentleman join me in congratulating all those organisations and individuals in constituencies up and down the country, such as Paul Naylor of the Legh Arms in my constituency, who campaign tirelessly for community pubs?

[Mr Binley]

I am delighted to help the hon. Gentleman with his press release. I of course congratulate the gentleman concerned.

Pubs are a social institution of massive worth: their value to our community is as great as almost any other institution that we might name. The pub landlord often acts as an adviser to people on everything from legal matters right through to how to get their car repaired. His wife often helps with the charity work undertaken in pubs, including by creating refreshments for pub teams when they return from playing a game. The whole institution of pubs cannot be overestimated for our local communities.

I want to emphasise that pubs are, however, under serious threat, especially from the large pubcos. I want to ensure that our local and regional breweries, which have brave defenders, are also protected, because they also play an important role.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

Will my hon. Friend give way?

[Mr Binley]

I had better not, or Madam Deputy Speaker will have words with me privately later.

I conclude simply by urging the Minister to reconsider the option proposed by the Business, Innovation and Skills Committee in its report. The Secretary of State initially seemed to accept it, but I fear that the Treasury oar then had an impact, smacking him—

[Madam Deputy Speaker (Dame Dawn Primarolo)]

Order.

[Mr Binley]

Pity.

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[Caroline Dinenage (Gosport) (Con)]

It is a great pleasure to take part in this debate and I warmly welcome the Bill.

Like many other Members who have spoken today, I come from a small business background. I started my own company at the age of 19—it is still going, which is good news—so I understand very well that small businesses are indeed the engine of our economy. The unemployment figures that we have seen in Gosport and other parts of the country this week are testament to the incredible role of small businesses in driving employment and growth. Small businesses make up more than half of the UK’s jobs and GDP. They are absolutely essentially to the UK economy and it is important that we do not fail them. That is why I am so pleased that we have a Government who actually get it and are firmly backing small business, with the first ever Bill that genuinely reflects the role that small businesses play in our economy.

I like to think of small businesses as the ideal romantic partner. They are quite low maintenance and do not really expect grand gestures from Government. What they really want is to be allowed to keep their heads down and focus on the job of running their businesses, generating growth and jobs. However, there are a few things that the Government need to put in place to allow small businesses to flourish and grow, and they certainly should not put obstacles in their way. Some of those things are covered in this Bill, which is why I welcome it.

The skills issue is incredibly important. We are all aware of the OECD report that showed that under the last Government, 16 to 24-year-olds in this country were likely to have lower skills than their grandparents, and we are the only country in the developed world to which that applies.

[Mr Binley]

I have already said that I founded two companies, which now employ 300 people. Labour Members have to recognise that one of the problems is that their policy on literacy and numeracy education in schools has been a total disaster, with many young people seeking jobs who cannot properly express themselves and certainly cannot add up properly. Does my hon. Friend think that that is one of the problems with skills training now?

[Caroline Dinenage]

I am pleased that the whole issue of adult literacy and numeracy will come before us on the Business, Innovation and Skills Committee shortly. I feel that we are in a global race. Every era has its valuable commodities and the most valuable commodity of this era is an educated work force. It is what our international competitors most understand. The measures in the Bill to provide us with a deeper understanding of the impact of education choices on labour market outcomes are therefore welcome.