Pub Companies

Ian Murray Excerpts

Wednesday 9th January 2013 Commons Chamber

[Ian Murray (Edinburgh South) (Lab)]

I also apologise to the Members who have not got in, because they have an important contribution to make to the debate, particularly my hon. Friend the Member for Easington (Grahame M. Morris). To Members who have not had a night out with him, I can highly recommend it, and I was looking forward to his contribution. Perhaps we will find time later on. I also refer the House to my entry in the register of Members’ interests, as a former licensee of a pubco and other companies. I will run through some of my own experiences shortly.

This afternoon’s debate has emphasised the importance of the great British pub and the contribution that landlords and landladies make to our communities in every country of the United Kingdom. I would like to pay particular tribute to the hon. Member for Leeds North West (Greg Mulholland), who, since I have been in the House, has been a dogged campaigner on this issue, filling our inboxes on the subject. He deserves great credit for everything he has done, and today is a great triumph for him, as well as for everyone else in the House.

I also pay tribute to my hon. Friend the Member for West Bromwich West (Mr Bailey), the Chair of the Select Committee, who has continued to pursue the matter through the Select Committee, showing the power that those Committees can have in the House. I hope that other Chairs will take note. If anyone has time to read the contribution from the hon. Member for Northampton South (Mr Binley), who is not in his place, and his robust performance against the pubcos in the Committee, it is certainly worth looking at. And, of course, I pay tribute to my right hon. Friend the Member for Wentworth and Dearne (John Healey), who did a lot in this field as the former pubs Minister, and to the hon. Member for Mid Worcestershire (Peter Luff), the former Chair of the Select Committee.

I also add a special tribute to my Front-Bench colleague, my hon. Friend the Member for Chesterfield (Toby Perkins). By bringing this Opposition day debate to the Chamber, he rang the last orders bell on the Government to act. Without that determination to get this issue back on the agenda, I suspect we would not be here today with the progress that has been made. Despite his dry January, he does a lot personally to support the industry—although he could do a lot more by standing his round a little more often! Given that it is a dry January for him, however, I shall certainly be buying the drinks after this debate.

Just 12 months ago, we had a robust Back-Bench debate on this issue and the House agreed unanimously that the self-regulation approach should be reviewed and a statutory code considered. It is clear, however, that consecutive BIS Ministers have ignored the wishes of the House and have refused to listen to the broad coalition of groups calling for action. To give credit to the Secretary of State and his Ministers, however, on the eve of this debate, he said that the current system had failed and that he would introduce a new statutory code.

It is worth reflecting again on the scale of the issue: 46% of tied publicans earn less than £15,000 a year. Crucially, that includes more than 50% of lessees with a turnover of more than £500,000 per annum—a return of only 3%. The total number of tied pubs has fallen by more than 3,000 since 2008, which compares with an increase in the number of free-tie pubs. Furthermore, as many hon. Members have mentioned, including my hon. Friend the Member for Bradford South (Mr Sutcliffe), the Wetherspoons model demonstrates that profits and sales can continue to rise in what is a difficult market. It would seem that the abuse of the tied contract is the problem, as many publicans will already be paying rent at the market value or higher.

I shall give some examples of my own experience. I was in discussions about a premises in Edinburgh, but was concerned that the same company had a managed house just around the corner that had been closed for some time. I was told that it was to have a full refit and reopen shortly, but would be a niche product and would not be in direct competition with my premises. When it eventually opened, it was an almost identical offering and was selling beer to the consumer at less than the value at which I could buy it from the same company.

In another premises, albeit with a different landlord, we asked if we could buy out of our bottled beer tie, because a supermarket had opened up next door and was selling the same products at a third of the price that we were contracted to buy them for. We were told that we could buy out of the tie, but at a cost of £1,600 per annum on the rent. Many hon. Members, including the hon. Member for Pendle (Andrew Stephenson), have raised the issues with off-trade and on-trade. That might be a subject for a useful future debate.

My last and probably most shocking example from that time—this issue has also been illustrated by my hon. Friend the Member for Corby (Andy Sawford) and the hon. Members for Sherwood (Mr Spencer) and for Leeds North West—concerns the major pubco that I rented a hotel from. We received a good deal for the hotel because the premises were up for demolition, but the pubco told us—and I quote—that any increase in our profitability or trade would be reflected in a regular, upward-only rent review. Crucially, the business development manager at the time used to brag about the list of tenants he was fining or about to fine for “buying out”—the term for purchasing products outwith the contract. He got a bonus for fining people. That was the reality of the situation at the time and shows just how much pressure tenants were under.

Let me quickly give the House another example. I did a bit of analysis today. I phoned up a supplier and, with no credit history, asked how much I could buy a 36-gallon barrel of standard lager for. I was quoted £356.73. The list price on Enterprise’s current price list is £510.22, so it is quite clear where the problem lies.

I warmly welcome the new Minister to her place. She has changed her mind on a number of issues, including fining and the groceries code adjudicator. I am delighted that she has come with some proposals today that might make the situation better. We were on the verge of having a groceries code adjudicator without teeth. I hope that she has learnt that lesson and that we do not end up with a G and T with all tonic and no gin. I also want to challenge her on what “no worse off than a free-of-tie licence” means. Does it mean no worse off in terms of profitability, turnover, overall cash or, indeed, the whole package of measures?

I do not have time to run through the other issues, but I want to highlight some of the statements made by other Members. My hon. Friend the Member for East Lothian (Fiona O’Donnell) spoke of how her local pub had diversified into other things, such as a beauty salon, and challenged us to suggest whether she spent more time there or in the bar. Given her natural beauty, I would suggest she spent more time in the bar. My hon. Friend the Member for Hammersmith (Mr Slaughter) gave an interesting analysis of Punch Taverns, which is now taking 124% of profit, rather than the 41% from some time ago. The story of Mary Spence, which my hon. Friend the Member for Rochdale (Simon Danczuk) told us about, emphasises how bad the industry can get.

On the eve of this debate the Secretary of State panicked, but he has announced stuff that Labour Members will be accepting, although we will monitor the progress of the code’s development closely to ensure that, as the Prime Minister would put it, it does exactly what it says on the tin. I am sure that many hon. and right hon. Members who have spoken today may be getting a free pint in their local pub, given the amount of free publicity they have given them. I am off to do a pub crawl around all those pubs after this debate and you are very welcome to join me, Mr Deputy Speaker.