Small Breweries Relief

Kemi Badenoch Excerpts

Monday 9th November 2020 Commons Chamber

[The Exchequer Secretary to the Treasury (Kemi Badenoch)]

I congratulate the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) on securing the debate, and thank right hon. and hon. Members for their contributions to it.

In recent years, the UK has been home to something of a craft beer renaissance. Time-honoured brewing methods that were slowly starting to disappear have gained a new lease of life. Customers have benefited from an exciting and far wider choice of beers and ales, while the number of small brewers has increased tenfold over the past three decades. The craft brewing trend is an international phenomenon that predates small brewers relief, but the relief has undoubtedly helped to encourage new breweries to enter the market and compete against larger and more established businesses.

The layperson may therefore wonder: if the relief is seemingly so effective, why are the Government reviewing it? The answer is simple: because the industry asked us to. As hon. Members may be aware, small breweries relief is not uniformly popular in the brewing sector. In fact, the beer writer Martyn Cornell once suggested that a surefire way to start a fight was to mention the subject at a brewers convention.

[Liz Saville Roberts]

It was to be anticipated that the Minister would mention the industry’s requests, but what the industry requested was that the cliff edge be addressed. When addressing the cliff edge, there is no reason to reduce the 50% rate below 5,000 hectolitres. That does not affect the cliff edge; it just moves it.

[Kemi Badenoch]

I disagree. It does affect the cliff edge: a taper smooths it out and stops the point at which growth is actively discouraged.

Two main charges are levied at small brewers relief by its critics: that it unfairly distorts competition and that it fails to match the true nature of industry production costs. It is argued that that penalises the best producers, inhibits growth and disrupts normal business activity. I should point out that those criticisms were made not by the multinationals that dominate the global market, but by local and mid-sized regional brewers. As hon. Members might imagine, no two brewers will agree on absolutely everything, but a lack of consensus should not be a barrier to action where it is required.

The Treasury therefore announced in 2018 that it would review the relief to consider the views of the whole market on the topic. Since then, we have considered a range of evidence, from direct submissions from individual breweries to independent academic research. We will publish more information about the evidence that we have received as part of our upcoming consultation on small brewers relief later this year.

[Mrs Miller]

The evidence that the Government need includes a baseline of production so that they know how many breweries are producing however much beer over a period of time and can then calculate the appropriate rate of tax relief so that it is cost-neutral. How will the Minister do that when over the past six months there has been such a distortion in the market with regard to production rates? Many of the breweries that would previously have been well above the 5,000 hectolitre barrier will probably now be well within it. Will that not make her life very difficult? Would it not be better to delay things until the industry has settled down again?

[Kemi Badenoch]

My right hon. Friend asks a really good question. The truth is that there is never a good time according to the industry; there is never a perfect time. When people have a dispute, it depends on which side of the argument one listens to. This will be addressed in the technical consultation. We must remember that this measure is not coming in until 2022, so there will be time. We will publish more information about the evidence that we have received as part of our upcoming consultation, which will be towards the end of the year.

[Ben Lake]

I appreciate the Minister’s point that there is never a good time to try to get consensus from the industry, but surely we can agree that the past nine months has seen quite exceptional circumstances that have had an impact on the entire industry, whether that is small breweries or the bigger ones, particularly given the uncertainty with the on-trade. Breweries such as Mantle Brewery and Penlon Brewery in my constituency of Ceredigion are also so dependent on tourism. Surely introducing these changes at a time of such uncertainty is unwise and should be reconsidered.

[Kemi Badenoch]

That point would be valid if it were proved that every single business was going to be negatively affected. If hon. Members let me get to the point, they will see that that is not actually the case. My officials could probably give me enough material to talk about this issue alone for an hour. However, I will summarise and make the key points. All the evidence points to the fact that small breweries relief does not match industry production costs. Economies of scale in brewing are rather gradual and do not match the all-or-nothing approach adopted by the current scheme. In fact, some of the evidence suggests that there is a growth trap, whereby brewers in a certain range enjoy lower production costs than brewers many times their size as a result of small breweries relief. This is not healthy for any industry.

The amount spent on the scheme has grown rapidly, from £15 million in 2002 to over £65 million in 2019, despite the fact that beer volumes were down over 30% during this period. We owe it to taxpayers to make sure that these growing sums are being used in the most effective way.

[Grahame Morris]

I am sure that the Minister is responding in earnest based on her officials’ advice, but as someone who has taken a bit of time to meet small breweries and their organisations, I know that it is impossible for a small brewery to compete with the larger breweries. I am not just talking about the big four or the big six, but even the larger regional breweries. The economies of scale mean that it is impossible. Without small breweries relief, we will lose the diversity and choice that we all value so much, including Members across the Chamber on the Government Benches. Will she please look again at that advice, because the information that we are getting shows that this change is going to have a devastating effect on small brewers?

[Kemi Badenoch]

I am a constituency MP as well as a Minister. This is not just officials’ advice. I spoke to many industry stakeholders and pubs on the day of the announcement, and there are breweries in all Members’ constituencies that will benefit from this change. If we had done the opposite, those breweries would have written to Members and I would be standing here making exactly the same sorts of protestations about why we had made a different decision. There are no easy answers here. There is no solution that will make everyone happy. We all have constituents on each side of the fence. If the hon. Gentleman would like, we can give him the details of breweries in his constituency that have benefited from this decision.

Let me return to the announcement in July of the review’s first outcomes. First, we said that we would change the scheme’s taper so that relief was withdrawn more gradually over a wider range of production. In particular, the taper would start at 2,100 hectolitres— just over 1,000 pints a day—to match more closely the empirical evidence relating to production costs. Secondly, we said would look at whether there should be transitional relief for breweries that merge. Thirdly, we said that we would convert the relief to a cash basis, as Members have mentioned, so that it would index with the nature of industry costs, rather than changes to the headline beer duty rate. I will return to the cash business point shortly.

I am aware that the July announcement has been the source of a great deal of discussion in the industry, the trade press and all our inboxes. I reassure hon. Members that the Treasury is not abolishing the relief. Some will know that, but not everyone realises that the reverse is true. We will continue to use small breweries relief to channel tens of millions of pounds into craft brewing.

Not every criticism of our policy has been accurate—indeed, there has been a degree of hyperbole from brewers who perceive that they will be commercially disadvantaged. Let us address some of the criticisms of the policy head on. First, there is the idea that no brewers support these reforms. On the contrary, as I mentioned, many, such as Lancaster Brewery, Hogs Back and Theakston, have welcomed them. Those are not gigantic multinationals but local and regional champions of craft beer and real ale.

Secondly, there is the allegation that the change is being made at the behest of a small number of brewers to drive competitors out of business. Nothing could be further from the truth. In fact, during our review we engaged with over 300 brewers of many different sizes to understand the impact on every aspect of the industry. We have no intention of favouring one group over another. It is quite sad that the hon. Member for Easington (Grahame Morris) and others have insinuated that. We have no intention of doing that.

[Grahame Morris]

It is important that we realise the distinction. Some of the breweries the Minister quoted are relatively large regional breweries. I am a great admirer of Theakston—its product is fantastic—but it may produce a million hectolitres. I do not know what the figure it is—perhaps she does—but Camerons Brewery in Hartlepool, which she has probably never heard of, produces a million hectolitres. I am not surprised that she is hearing that message from the big six and the large regional brewers, but that is at odds with the interests of the 2,500 small brewers we are arguing for today.

[Kemi Badenoch]

I am afraid that the hon. Gentleman is still incorrect. I will come to the percentage of brewers that are actually affected in a moment, but nothing could be further from the truth than to say this is being done to help large brewers. It is not.

Thirdly, there is the criticism that the change will lead to the collapse of the small brewing sector. Simple arithmetic shows that critique does not stack up. In 2019, about 80% of brewers produced less than 2,100 hectolitres, so 80% of brewers are not affected. Meanwhile, less than 8% of brewers produce between 2,100 and 5,000 hecto- litres—the 1,000 pints a day point going forward. Modest tax changes affecting a narrow slice of brewers will not spell the end of craft beer.

Hon. Members have made the point about taxing small brewers in the middle of a pandemic. We realise that, but this long-standing issue in the industry well predates covid-19. As I said, the first review was announced in 2018, and brewers were engaged on the topic well before that. The debate has to be settled. We have been clear that reforms will not come into effect until 2022 at the earliest, to give brewers time to adapt.

[Andrew Jones (Harrogate and Knaresborough) (Con)]

I recognise the strength of emotions that we see across the House and are all showing. The Minister is right to say that this policy has been a source of disagreement within the industry, and it has been going on for years. I had a bit of a role in it, having started some of the work that led to the review. I tried to get the industry to come together to find a solution, but that was not possible. We surely need to create a structure that allows smaller and new businesses to be created while also incentivising growth.

One of the most depressing conversations I had in my research on the subject was when talking to a brewer who said he had stopped exporting because, if he continued to do so, that would have taken him over the cliff edge. That is bad for business and bad for UK plc. There is a problem to solve, and the Minister is doing the right thing in trying to bring it to a conclusion and to incentivise growth in this sector, which we all clearly love very much.

[Kemi Badenoch]

I thank my hon. Friend for those excellent points. Having done this job himself, he knows the issues at stake.

I will continue to address points raised by hon. Members. I said that 80% of the total brewing population is not affected, because those producing 2,100 hectolitres—1,000 pints a day—will not face any tax changes at all. It was also proposed that we should smooth the taper above 5,000 hectolitres. That would give the large brewers a big advantage at a significant cost to the Exchequer. We do not think we should give small breweries relief to brewers producing tens of millions of pints.

[Grahame Morris]

rose—

[Kemi Badenoch]

I will no longer give way to the hon. Gentleman. I have answered the question of who this should benefit.

On why we are converting to a cash basis, brewers provided feedback that the relief was not tracking their true production costs and was increasing in value in real terms. We also know that the amount spent on the scheme has increased significantly. The right hon. Member for Dwyfor Meirionnydd spoke about 2002. It was £15 million then; it was £65 million in 2019, even while brewing volumes have declined. A cash basis conversion allows us to review annually the value of the relief, meaning that we can track it in line with changes to industry costs.

[Liz Saville Roberts]

I ask the Minister to consider the point that the cash basis is at the heart of the uncertainty that breweries are telling us about. They do not know whether it is worth investing in the here and now. I know that Cwrw Llŷn, for example, is prepared to invest, but the shift from a percentage basis to a cash basis means that breweries have no certainty from year to year what sort of duty they will be paying.

[Kemi Badenoch]

I take the point the right hon. Lady makes, but the Treasury is not doing this to squeeze small brewers. We are not making any money from it either. The reason we are doing it is that industry has asked us to do it, and not the multinationals or large brewers. There is a dispute that we are settling, and we believe that the cash basis will improve things.

The right hon. Lady is right to mention uncertainty. I think the answer is for us to move at pace to give business certainty, not to postpone the uncertainty about what we will do on this relief even further into the future.

A point was made about mergers. As hon. Members are aware, when two brewers merge, their entitlement to small breweries relief changes. Many brewers complain that this distorts business activity, as mergers become unviable. My predecessor in this role, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), has given examples of businesses that have not been able to grow. We need to look at the industry in the round, not just at those who fit a particular demographic.

I reiterate that we listened to many small breweries. We listened to a wide range of breweries and reviewed copious evidence related to SBR. I cannot tell Members how many pages and pages we went through in the consultation that just happened, and there is even more consultation coming. We met the Society of Independent Brewers, the Small Brewers Duty Reform Coalition and the British Beer and Pub Association about this issue, and officials and I continue to meet all those stakeholders. The Treasury ran a survey in 2019 that received 335 responses, as I mentioned. I am afraid that the industry is simply divided on this issue. The idea that all small brewers have the same perception of the relief is misplaced.

My hon. Friend the Member for Broxtowe (Darren Henry) spoke about small brewers falling through the cracks, as did my right hon. Friend the Member for Basingstoke (Mrs Miller) and others. We do recognise that. Small brewers are able to benefit from our unprecedented coronavirus response, which includes the job retention scheme, VAT deferral and bounce back loans, as hon. Members will have heard many times before. We have also acted to allow brewers whose beer was spoiled due to pub closures to reclaim excise duty more easily. However, brewers have been able to sell alcohol throughout this period, and thanks to schemes such as CAMRA’s Pulling Together campaign, more than 800 breweries have moved to offer online sales for collection or delivery for the first time. The Treasury is keeping the support it offers to businesses under review as the pandemic progresses.

[Liz Saville Roberts]

I think the Minister will agree that the feeling among Members of Parliament is very strong and is cross-party. We would all greatly appreciate the opportunity to discuss this matter in a different register to that which can be used in the Chamber. Will she consent to that?

[Kemi Badenoch]

I am very happy to offer a meeting to a number of Members across the House. This should not be a contentious issue. We may have been written to by certain constituents, but we represent many more people than those who have complained about this issue. If we do offer a meeting, I hope Members will talk to all the breweries, not just the ones who have complained, to get a holistic view of what is going on in their constituencies.

The hon. Member for Strangford (Jim Shannon) talked about pub business rates. We have offered lots of business rate relief. We know that breweries have not been included, but that is partly because they have been able to open. It is an issue that we continue to review.

What are the next steps? The Treasury is moving forward with a further consultation this autumn to examine the more detailed aspects of reform. I invite all hon. Members to encourage any breweries in their constituencies to engage with the process. This is necessary because taper reform is very complicated. It seems like there are as many suggestions for new tapers as there are brewers in the country. That is what we need to focus on. It would not be prudent for the Government to simply pluck one of these solutions out of the air without giving brewers an opportunity to comment on its implications. I should stress that the Treasury has not made any final decisions about the overall shape of reform.

[Jonathan Edwards]

In terms of the next steps forward, which Finance Bill does the Minister foresee the Treasury bringing the new proposals forward in—next year’s or the one in 2022?

[Kemi Badenoch]

We have said that these reforms will come in in 2022. We will announce the exact changes at the earliest opportunity post the consultation.

To sum up, the craft brewing boom of the last 30 years is a welcome development, and the Treasury would like to do its bit to help it continue, but we also have a duty to ensure that tax reliefs are not unduly distortive and are an effective use of resources. However, hon. Members should rest assured that we will not stop examining the issues raised by brewers and by hon. Members today, and we will continue working to resolve them. The Government are determined to ensure that the British brewing renaissance continues, and I thank all right hon. and hon. Members for their contributions.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I put the Question, all I would say is that covid has had a lot of victims. If it were not for covid, I know exactly where most of us would be heading now. I hope that the good news that came from Pfizer today will give us cause for a lot of celebrations when the pubs reopen throughout the whole of the United Kingdom.

Question put and agreed to.