Pub Companies

Gerry Sutcliffe Excerpts

Wednesday 9th January 2013 Commons Chamber

[Vince Cable]

I think we are talking essentially about the latter—although most of the abuses have happened in the relatively small number of pubcos that happen to have a particular business model—but as I have said, we will define the precise range of companies that will be covered in the consultation.

There has been a contraction of the industry, as the hon. Gentleman acknowledged, from 70,000 pubs in 1980 to 50,000 today. The financial crisis brought into stark relief the slow process of sectoral decline. At present, 18 pubs are closing every week—that is, 18 net; some are opening. Various factors have aggravated the problems of the industry—we have discussed one or two already. The beer duty escalator is one and the outlawing of smoking is another. Many of us supported that measure on public health grounds; none the less, it drove away a certain amount of the clientele. Having voted for those things, I would not criticise them, but we all have to acknowledge that the problems of the pub industry are multiple, and the structure of the industry, which is what we are concerned with in this debate, is only one of those factors.

However, it is undoubtedly the case that the activities of the pubcos, with their highly leveraged business model, have intensified the crisis. These companies were established in the 1990s and started to attract comment and criticism a decade ago. Like an awful lot of other business models that were constructed in the long, artificial, debt-based boom, there did not appear to be a great many problems at the time. With the banking collapse and subsequent recession, the weakness of companies with high debt-to-equity ratios has been rather brutally exposed. What we have seen in recent years is the pubcos trying to retrieve their financial position at the expense of their tenants. We are all familiar with well managed, popular pubs in our constituencies being driven to the wall by, frankly, exploitative financial practices.

[Mr Gerry Sutcliffe (Bradford South) (Lab)]

Enterprise Inns announced over Christmas that it would go from 6,000 pubs to 5,200 over the next three years. It will be important to get the code of practice in place quickly, because some of those will be the tied pubs.

[Vince Cable]

They will, and the terms of sale under which that pubco, along with others, is disposing of those pubs is another important element in the protection that we now propose to offer.

The pattern of behaviour we see in this area—where there is a serious imbalance between the contracting parties in the business relationship—is not unique to the pub industry. We see something similar with the banks and small business, as has been exposed by the derivatives scandal, and in the relationship between supermarkets and the farmers who supply them. In both cases, Parliament and Government have accepted the need to act to protect the weaker parties. That is precisely the position we have now reached with the pubcos. We took the view in 2011 that they should be put on probation, with a strengthened voluntary code. We gave them every chance, but we concluded that there was not enough progress. We therefore decided to establish, subject to consultation, the statutory code and an independent adjudicator, as I have described. I am disappointed—the Labour party probably is too—that a long period of trying to get a voluntary process has not worked sufficiently. I stress that we are not starting from the standpoint of a competitive market; rather, we are often talking about relationships that are almost feudal in character. We want to introduce a relationship that is genuinely market based, where there is genuine competition and a genuine choice for people entering the industry.

Let me describe more specifically how we envisage the code operating. It will draw on the existing framework code—we are currently on version 5 and there is a discussion about version 6—but be strengthened to include an overarching “fair dealing” provision and the fundamental principle that a tied tenant should be no worse off than a free-of-tie tenant. I recognise that those concepts, especially the first, will need legal clarification.

--- Later in debate ---

[Mr Gerry Sutcliffe (Bradford South) (Lab)]

I am delighted to be taking part in this important debate. The beer and pub industries are an integral part of the DNA of the country and our heritage past and future, and pubs and clubs are part of our history. Personally, I see myself as more a practitioner than a theorist in these matters: I made my first visit to a pub at the age of 14, and as I approach my 60th birthday, I think that I have a wealth of experience on pub-related issues.

I must caution the hon. Member for Burton (Andrew Griffiths), the chair of the all-party parliamentary beer group, against being too partisan. I believe that both the Secretary of State and my hon. Friend the Member for Chesterfield (Toby Perkins) have set out fairly the history relating to the difficult problem of pub companies, which has been caused by only a small number of them.

There are many reasons for the closure of pubs over a number of years and, in particular, during the last few years. It has been largely due to the change in drinking habits and, indeed, the role of the supermarkets. We have yet to deal with the problem of the availability of cheap supermarket booze, which the last Government did not manage to sort out. People pre-load and then end up at the pub, causing problems. When pubs and clubs remove those people, they may be faced with a bill from the police, and may also find themselves with a reputation for inappropriateness that is, in fact, unfounded.

Let me return to the subject of the pubcos. On Monday I received an e-mail from a constituent, who wrote:

“I'm planting a seed of real concern re the future of the George & Dragon as a pub in Great Horton.”

Great Horton is in my constituency.

“The decision by Enterprise Inns to sell was announced over Christmas. The current licensees, who’ve been there over 25 years, are leaving end of January. It’s a grade 2 listed building. I read that Enterprise are in the process of reducing their number of pubs from 6,000 down to 5,200 over the next 3 years. Is there anything that can be done to keep this pub open, such an invaluable part of the fabric of life in Great Horton? I have been a resident of Great Horton for the past 30 years and a regular customer at the pub.”

That is the real issue that we need to address. Pubs are continuing to close, and the pubcos will use the cover of time scales, consultations and the outcome of those consultations, which may require further action. Perhaps the Minister will be able to tell us whether primary or secondary legislation will be needed. It is important for us to know what process will be required for the introduction of a code of practice. Time is of the essence if we are to resolve this matter.

[Nic Dakin (Scunthorpe) (Lab)]

My hon. Friend is setting out the issues very clearly. There are 63 pubs in the towns and villages of my constituency, and I am keen to keep them there. Does he think that the action proposed by both Front Benches will be strong enough to prevent further closures?

[Mr Sutcliffe]

I hope so. As has already been said, pubs close for more than one reason, but I am hopeful that the united approach that Members have taken today, and the pace at which the Secretary of State wishes to operate, will send the pub companies the clear message that we are watching what is going on and will take a dim view of any tactics that expedite matters before we can bring about the resolution that we want.

When I was the licensing Minister, I worked on Cabinet Sub-Committees with my right hon. Friend the Member for Wentworth and Dearne (John Healey) in trying to find ways of stopping pub closures and—through planning legislation, for instance—supporting community pubs, particularly those in rural areas, because they were hubs that people needed for social activities. We must to try to retain as many pubs as possible, but there are difficulties involved. I met many tenants who had been abused by pub companies—that is the only way in which to describe it—and left debt-ridden by their excesses. If we can introduce fair rents, fair operations and free, without-tie opportunities, we shall be taking an important step forward.

There are many successful pub company models: we need only look at Wetherspoon and Brewers Fayre. We must deal with the issue of binge drinking, but I believe that that is linked to pre-loading and supermarkets. There are responsible licensees and responsible brewing pub companies that operate ties properly. Such companies are many and varied in Yorkshire, Theakston being an obvious example. There are micro-breweries such as Saltaire and Salamander, in my constituency, which offer a wide choice of market opportunities.

Urgency is the order of the day if the Department is to make progress. It is right that there should be consultation, but, as a former Minister, I know that time scales can slip, and that officials and others can come up with barriers and ways of halting the progress that politicians want to make. I hope that that will not happen in this case. I believe that the work of the Select Committees, the all-party beer group and the Save the Pub campaign has brought us where we are today, and that today is a day for rejoicing. However, there is still a job to be done, and I hope that we can do it together as quickly as possible.