Pub Companies

Hugh Bayley Excerpts

Wednesday 9th January 2013 Commons Chamber

[Andrew Stephenson]

I agree and think that idea should be considered. I am perhaps in a minority on the Government Benches, in that I support some of the proposals to consider minimum pricing for alcohol, because that would leave unaffected the prices charged in our pubs but tackle those charged by our supermarkets, many of which use alcohol as a loss leader to drive people through the doors. I have spoken to NHS bosses in east Lancashire who also agree with the proposals. Minimum pricing would boost public health and support the pub trade.

[Hugh Bayley (York Central) (Lab)]

I, too, took part in the debate a year ago and I proposed a minimum price for alcohol. In my most recent survey of pubs in my constituency, I put the issue to landlords. Some 97% agreed; 48% thought that a level of 50p per unit was right; and 48% thought that that was too low.

[Andrew Stephenson]

I thank the hon. Gentleman for that intervention. When I talk to landlords across Pendle about the biggest impact on their business—whether the smoking ban or pub companies—they all say that it is supermarkets selling alcohol at below cost price. Although today’s debate is important, we must not lose sight of other issues leading to a decline in the pub trade across the UK.

I warmly welcome yesterday’s Government announcement, which will provide great support to those who have campaigned on the issue and give stability for pubs and tenants. It will be good for growth and the pub trade. I also welcome the fact that the Government are focusing just on large pub companies with more than 500 pubs; that is exactly what I argued for in my speech last year.

The Government have already done a lot to support the industry. They have appointed a Minister for pubs and introduced the community right to buy, so that residents can take over and save failing pubs, as happened with The Greyhound in Barnoldswick. I welcome the reform to licensing laws to make it easier for pubs to play live music and the action on business rates. There are issues on which we can go further, such as the beer duty escalator, but a lot of progress has been made. Those steps, along with those announced yesterday, will be welcomed by tied publicans across Pendle—especially the overarching fair-dealing provision in the new code and the principle that a tied licensee should be no worse off than a free-of-tie licensee.

The new statutory code for the industry will need to get the balance right. I am not against all pub companies or even the big ones; the beer tie is a valid business model with real advantages for many. However, the abuse of the tie has led to real problems so I warmly welcome the Government’s action.

I conclude by paying tribute to CAMRA’s work on the issue. I look forward to seeing several of the east Lancashire branch members at the ninth Pendle beer festival, which runs from 31 January to 2 February at the municipal hall in Colne. If any hon. Members want to come and try any of the huge variety of ales, such as Barlick brewery’s Magic Badger, Reedley Hallows brewery’s Old Laund bitter or the classic Moorhouse’s Pride of Pendle, they will be more than welcome.

--- Later in debate ---

[Hugh Bayley (York Central) (Lab)]

My wonderful city of York has been an important tourist destination for centuries. People are drawn to the city by its history and its wonderful buildings, including York Minster and the city walls, but also by the city’s pubs, some of which date back to the 1400s.

When I meet York members of the Licensed Victuallers Association and York CAMRA, they always raise the problems of pub companies. Like other Members, I carry out a survey from time to time of pubs and clubs in my constituency. When I did so in 2009, I found that 41% of landlords blamed pub companies’ unfair terms of trade for their falling profits, but last year when I carried out a similar survey, I found that the number of pubs complaining about pub companies had risen to 62%. The problem of the pub companies misusing their power is getting worse.

After conducting last year’s survey, I wrote to the Treasury. I told the then Treasury Minister, the hon. Member for Norwich North (Miss Smith), that pub companies had not abided by guidelines and that the Government should consider introducing a statutory code to regulate pubcos’ relationship with their tenants. In July, she replied:

“Regarding your comments on the relationship between pub companies and licensees…The Government does not…consider it appropriate to make a statutory intervention in setting the terms of commercial, contractual relationships.”

I congratulate the Government warmly on changing their policy and agreeing to a statutory code of practice.

Pub companies came into existence after a previous attempt by the Government of the day to deal with the problem of tied pubs—I believe it happened following the Beer Orders of 1989. Breweries were instructed to sell off their tied pubs, which were bought by pub companies, but that did not solve the problem, because the pub companies imposed a tie of their own. The tie is the problem. In the new regime that the Secretary of State announced yesterday, the tie must go.

If a property company with a shop sought to lease it as a boutique, for example, with a term in the lease that it could sell clothes from a particular manufacturer or of a particular brand only—or sell clothes supplied only by the landlord—the Office of Fair Trading would rule it out of order pretty quickly, and yet that is exactly the relationship between a tied pub and a pub company. I congratulate the Business, Innovation and Skills Committee on its work. It has argued forcefully for a statutory code for pub companies to include a free-of-tie option, which the Labour party motion supports.

Parliament needs to avoid making the mistake it made in 1989 when the brewers were required to sell their tied pubs. I am pleased to see the Secretary of State in his seat listening to the debate. The statutory code he proposes should start from the presumption that there is no tie. I hope that option is covered in the consultation. If we say to a relatively weak and powerless small businessman or woman that, under the code of practice, there should be an option of no tie, many will still be bludgeoned by big, tough multi-million pound pub companies into taking a tie. Therefore, the default should be that there is no tie unless it is opted for by the landlord. I hope we consult on that basis.