Statutory Pubs Code and Pubs Code Adjudicator

Nick Thomas-Symonds Excerpts

Thursday 26th January 2017 Commons Chamber

[Greg Mulholland]

I warmly welcome the right hon. Gentleman and thank him for his intervention. He has looked at this issue with great thoroughness and intellect, and he is absolutely correct in his assessment.

[Nick Thomas-Symonds (Torfaen) (Lab)]

Does the hon. Gentleman agree that the real issue is that the adjudicator needs to have the confidence of all parties involved, and that does not seem to be the case at the moment?

[Greg Mulholland]

The hon. Gentleman is absolutely right. It is simply not acceptable to have ignored the fact that the majority of tenants’ organisations rejected the adjudicator and do not have confidence in him, and then to have rejected the recommendation from the cross-party Select Committee to replace Mr Newby and reopen the process.

In the course of my speech I will present evidence from the numerous cases that have been taken to the adjudicator. I pay tribute to the organisations representing tenants that have supplied that evidence, including the Pubs Advisory Service, the Guild of Master Victuallers, the Forum of Private Business, Licensees Supporting Licensees, the Punch Tenant Network, and Justice for Licensees. That has led to the British Pub Confederation report, which has 19 detailed pages all based on direct evidence from instances where tenants have sought to secure their legal rights under the pubs code by taking their case to the adjudicator.

So what has the Pubs Code Adjudicator produced after six months? A two-page press release. Worse than that, this press release—this glib statement—from the adjudicator’s office is not an honest description of the situation. It provides unexplained and meaningless data while failing to deal with, or even mention, any of the big issues facing tenants. The adjudicator ignores the ways in which the regulated pubcos are systematically breaching the code, covering up his own failures to uphold and enforce it. In effect—this goes back to the point made by the right hon. Member for West Dorset (Sir Oliver Letwin)—he admits his failure both to enforce the pubs code and to understand the real role of the Pubs Code Adjudicator. The statement makes no mention of the myriad complaints about pubco behaviour; no mention of the many complaints about the adjudicator from tenants and their representatives who have approached him; no mention of the cases where tenants are giving up and giving in because of the failure of the code and his office; and, extraordinarily, no mention of the key issues of complaint and concern on which people are seeking clarification, including the systematic ways in which pubcos are insisting that the market rent only option requires a new lease, often on detrimental terms—a clear breach of the pubs code.