Pub Companies

Laurence Robertson Excerpts

Tuesday 21st January 2014 Commons Chamber

[Vince Cable]

As I have said, I cannot anticipate exactly what the Government will say in their official response, but the whole purpose of the consultation was to seek views on legislative action, and our response will be built around that set of questions.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I have a lot of sympathy for what has been said in the debate so far, but I am a little troubled by suggestions that this problem arose only in May 2010. I had an Adjournment debate on the issue during the previous Parliament, and a number of other debates were also held, but nothing was ever done. My right hon. Friend was right to suggest that this is not a simple issue.

[Vince Cable]

I thank my hon. Friend, who remembers such things from his time in the House, for his reminder. We have, I think, had four Select Committee reports under different Governments. The matter has been actively debated for something in the order of eight years, and we have moved quickly on it in comparison with what went before.

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[Mr Laurence Robertson (Tewkesbury) (Con)]

Let me declare a non-declarable interest, as it were. My sister, along with her husband, runs the local pub, The Village Inn, in Twyning, the village I live in, so although I do not have absolutely first-hand experience of the pub trade, I have what must pass as a close interest.

I echo what has been said about the value of pubs to communities. They are not only places where people drink; they are places where they eat and meet. Many golf societies, darts clubs and pool tournaments are hosted by pubs, and they are of great value to local communities in rural areas especially. Pubs also raise a lot of money for charities. Just this Saturday gone, I had the honour of presenting three cheques totalling almost £4,000 to local charities, and that picture is replicated across the country.

However, we have concerns. We are seeing many pubs closing, as has been said, and many landlords getting by on very little money. Their profits have been squeezed by the business model under which many of them are operating. There are no easy answers to the problem. As I said in an intervention, I held an Adjournment debate on this issue in the last Parliament, during which there were other such debates. The then Government were accused of not responding to a report that came out in that Parliament. I do not seek to make a party political point about that; I merely suggest that it is fairly unusual for the House to be almost in total agreement when discussing a problem, as it is today, yet for us all to be struggling to come up with a solution that will actually work.

As has been mentioned, the idea was tried with the beer orders in 1989, when breweries were barred from holding more than a certain number of pubs. That gave birth to the pubcos that we now see, which then bought pubs and other properties at high prices. As has been rightly said, they are now trying to recoup that money, in some cases quite desperately.

[Andrew Griffiths]

I completely concur with my hon. Friend’s point. He mentions the history of this. Would he be surprised to learn that the number of pubs owned by pubcos doubled under the last Government?

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[Mr Robertson]

I am not at all surprised to hear that. I do not know the exact figure, but I do know that that is what has given rise to the problem, to the extent that it is one.

I recognise that there is a problem, and I want us to move on as quickly as we can, to help hard-working people who are keeping pubs going at the centre of communities. There are problems—I want to stress that point—but I want us to come up with a lasting solution that will not make matters worse. There are some benefits to the existing situation—I will come to the weaknesses in a minute. For example, a pubco can allow people who do not have a great deal of capital to enter the trade. They might be unable to afford to spend £300,000, £400,000 or £500,000 on buying a pub outright or to borrow that money. They also get their accommodation basically covered—certainly in most cases—while they run the pub, which gives them some security.

I do not recommend the tie at all, but I am concerned about what would happen to the rent if there were no tie. I am not speaking against reassessing the rent against a market level, but if we do that, what do we compare it with? If we are looking beyond pubs, we might look to McDonald’s, for example, or other franchise organisations. Is that a direct comparison? I am not quite sure how the proposal would work in detail—and of course, the devil is always in the detail. What about the repairing side of the lease? Will people with a fixed market rent be required to do more repairing of the fabric of the building than they are now? I am not throwing those questions out as stumbling blocks or trying to cause a problem, but they need answering.

[Toby Perkins]

I am happy to help the hon. Gentleman on that. The valuation would be done with transparency against the performance of other pubs. We need much greater transparency in the industry. Under the specific proposals that we have made today, the publican would be able to decide, knowing what a fair market rent was, whether they wanted to throw their lot in with the pub company, on the offer being made, or to opt out and buy their beer from wherever they chose. I hope that has answered his questions.

[Mr Robertson]

Not exactly, no, because how do we determine what the market rent level is? Is it the level for those with a tie or those without a tie? What about a repairing lease or a non-repairing lease? These are all details that need filling out, but I am not aware that they have been properly addressed. I want to deal with them and to make progress, but I am not sure we are there yet.

[Greg Mulholland]

The hon. Gentleman will be glad to know that I can help him. BIS Ministers have a copy of the definition of a market rent only option, which sets out how it would work and when it would be triggered. In essence, it is about simply paying a rent, which would be independently assessed according to statutory guidelines, and then being able to buy everything directly from the market. He seems to be making a mistaken comparison. The pubco tied leases are generally “fully repairing and insuring”. One of the scandals was when, as part of a tied lease, all the responsibility for that was shifted. A market rent only option is exactly what I have set out, and I will send that definition to him.

[Mr Robertson]

I am grateful to the hon. Gentleman; perhaps I could now move on to how rents are assessed. As has been said, quite often they are assessed not on the turnover of a pub, but on the potential turnover, which takes in things such as food and non-tied products. There is therefore an unfairness in the way that rents are assessed now. If we can move to a better system, I will certainly support that.

As has been said, there is also the inflated cost of tied products. For example, certain pubcos will charge £130.70 for a keg of Carling when it can quite easily be bought—we have looked at these figures—for £95. That is a huge difference, which squeezes the profits of the landlord and makes the beer more expensive for consumers. To give another example, Stowford is sold for £112.70 when it can be sourced for £79.99. Those are just two examples; I could go on and on if I had the time. I think hon. Members realise that this is a problem.

My hon. Friend the Member for East Hampshire (Damian Hinds) and my right hon. Friend the Secretary of State both mentioned this, but this debate is not just about the rent and the tie. We make a huge mistake if we believe that. We can look at those aspects at the beginning of a contract taken out with a pubco, but the relationship goes on from there, and sometimes it is the behaviour of the pubcos that causes the problems. For example, pubcos have the power to install fixtures and fittings and charge an exorbitant amount to the landlord, but he will not get anything back for them. Basically, the fixtures and fittings rule, which has been in existence for a long time, is a con, I am afraid. I thought carefully about whether I should use that word, but I think that rule is a con. It is an additional rent that people have to pay, which again squeezes the profits.

When people go into a pub owned by a pubco, they often have to go on expensive courses run by that pubco, for which it can charge exorbitant amounts. The cost of carrying out electricity checks, for example, has doubled in one year at the local pub I mentioned. It is the same pub, so why has the cost doubled? These are the sort of extraordinary charges that pubcos sometimes make in the course of running their ordinary business.

Extraordinary decisions are sometimes taken. The local pub I mentioned needed about £100,000 of work carried out, but the electrics and the roof were not completed when that work was done. There seemed to be an obsession with putting up new wallpaper, which was not necessary and not at all important. The work needed to be done over a six-week period, yet the period covering the jubilee week of last year was suggested. That is unbelievable—the busiest week of the busiest year in memory was chosen, and when the landlord refused to have the work done then and asked why it could not be done in January, there was a startled reaction.

I am providing examples to show that it is not just about the rent or the tie; it is about the behaviour of the pubcos as they go through the period of the agreement. I do not know how best to assess and tackle the problem, which is as important as other issues discussed today.

I have had my 10 minutes. I would have liked to talk about more issues, but in summary, I believe it is important to be careful to get this matter right. I think we need to take a little longer—I suggest not years, but months. Sometimes Government interventions can make things worse; sometimes Governments can be the problem rather than the solution. As I said at the outset, I believe that there is a problem and that it needs fixing.

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[Andrew Griffiths]

I completely agree with my hon. Friend, and I am grateful to him for his support for our cross-party campaign to reduce beer duty. That campaign did a lot to help publicans, and I hope I will be able to call on his support again as we move forward.

[Mr Laurence Robertson]

My hon. Friend has mentioned the difficulties involved in reaching a solution, as I tried to do in my speech. Does he agree that one clear way for the Government to help pubs would be to cut the tax charged on beer, which can amount to 37% on the average pint? That is a huge amount of money, and any tax cut would benefit customers and landlords.

[Andrew Griffiths]

I completely agree with my hon. Friend. The previous Government increased the duty by 60% during their time in office, and it is no wonder that 9,000 pubs closed on their watch as a result.