Pub Companies

Ian C. Lucas Excerpts

Wednesday 9th January 2013 Commons Chamber

[Vince Cable]

The hon. Gentleman is right. One of the problems that has occurred in the past is that any concession on beer prices would be offset by rent or vice versa. He is right that areas such as insurance are important elements of the package, and they would certainly be covered by the adjudicator.

The proposed adjudicator will be based on the model of the groceries code adjudicator, which was approved by the House recently. I propose that the adjudicator will have the following powers and functions: to arbitrate disputes between large pub companies and their licensees; to carry out investigations based on complaints received; to have wide-ranging powers to require information from pubcos during an investigation and, when an investigation finds that a pub company has breached the code, to impose sanctions on it, including financial penalties in the case of severe breaches; to publish guidance on when and how investigations will proceed and how the enforcement powers can be used; to advise pub companies and licensees on the code; and to recommend changes to the code. The consultation will propose that the new adjudicator, like the groceries code adjudicator, be funded by an industry levy—in this case on the pubcos—with those who breach the code paying a proportionately higher levy. In order to place the most proportionate burden on business, my current thinking is that the new regulatory regime should apply to all pub companies with a tied estate of more than 500 tied pubs. As I have indicated to the House, we are currently talking about six operations.

[Ian Lucas (Wrexham) (Lab)]

Just to be clear, will the funding come from a levy only on the pub companies to which the code applies?

[Vince Cable]

Yes, that is the intention. Our approach would target the companies with the greatest buying power and exempt smaller companies, about which very few complaints have been received. This, too, is a matter we want to pursue in the consultation.

One issue that I would like to clarify relates to the beer tie. Some campaigners, and the motion under debate today, suggest that in order to be effective, we must mandate that all pub companies must offer a free-of-tie option with open market rent review. As I have just indicated to my opposite number, we have an open mind on that matter and will be happy to look at it during the consultation.

--- Later in debate ---

[Ian Lucas (Wrexham) (Lab)]

I am pleased to follow the hon. Member for Burton (Andrew Griffiths), who made an interesting speech. He raised the issue of regulation, and the reason why this is a very important day is that the Government have finally decided to regulate in this area.

[Ian Mearns (Gateshead) (Lab)]

Today is an important day, but it is not as important as Friday will be. My hon. Friend will be pleased to know that on Friday a pub in the town he grew up in, the Schooner, is to be reopened by me.

[Ian Lucas]

I am certain that that shameless piece of publicity for the good citizens of Gateshead will be fully reported by the Evening Chronicle. It is a great pleasure to be sitting beside my hon. Friend once again.

We will now be regulating in this area, but Governments of all political parties have tried all along to avoid regulation. I used to have ministerial responsibility for regulatory reform, and some Members on the Government Benches may be surprised to know that even among Labour Ministers there is great resistance to introducing regulation. In that post, I always held to the principle that regulation should be a last resort, and that wherever possible we should use non-statutory codes instead.

Where I beg to differ with the hon. Member for Burton is that I believe this is the time for us to regulate. The industry has had an enormous amount of time, and has been given every opportunity, to avoid regulation. It has failed to respond to the numerous opportunities that have been given. That is why the last Labour Government did not take the steps to regulate that this Government have suggested we should have taken. In passing, it is ironic that virtually the whole House of Commons is united with the honourable exception of the hon. Gentleman in favour of introducing regulation and legislation.

We agree that regulation needs to be introduced because the voluntary approach has failed. That is certainly what I have been hearing for a long time from licensees and tenants in Wrexham. Indeed, it was said at a meeting I held in Wrexham last summer with my good friend, my hon. Friend the Member for West Bromwich West (Mr Bailey), Chair of the Business, Innovation and Skills Committee. We met local licensees and were told about the failure of the voluntary code. We were gravely disappointed when the consensus reached in the House was not followed through.

The Secretary of State made a measured and sensible contribution today, which I welcome. The key issue is inequality of bargaining power between the pub companies and the licensees, and it is reasonable for Government to intervene. It is important that we encourage licensees and everyone else involved in the brewing industry to contribute to the consultation. Pubs are an important part of our local communities. There is strong demand for community meeting places, as the huge increase in the number of coffee shops in Britain over the past 10 or 15 years demonstrates. Pubs can meet that demand, too, if we get this framework right. We have all done a lot of work to get to the point we have now reached, but we must not lose hold of the ball; we must carry it over the try line and achieve a truly positive outcome.

Wrexham Lager is a microbrewery that produces excellent local ale. That ale is served at the Bridge End inn in Ruabon in a neighbouring constituency, and the pub has been CAMRA pub of the year. Local micro-economies can grow as a result of brewers setting up locally and working with local pubs to produce local produce for local people to consume with gay abandon. That is the model we want to see.

What is now happening is a great triumph for the House of Commons, and I pay tribute to everyone involved. This is a good day, and we should celebrate what has been achieved, but we must also make sure that we continue to take these matters forward.