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Deputy Pubs Code Adjudicator
The Pubs Code Fiona Dickie Deputy Pubs Code Adjudicator
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Working together for tied tenants
Paul Newby – PCA Fiona Dickie - DPCA
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Why a Pubs Code? Self-regulation was not working
Parliament wanted the sector regulated To level the playing field To change business practices in the sector Came into force on 21 July 2016 in England and Wales Affects around 12,000 tied tenants of six big pub-owning businesses with more than 500 tenants
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How does it help? Provides greater protections including increased transparency on calculating tied rent and a fair rent assessment Consistency for tied tenants including pre-entry training and formal recording of BDM meetings Introduced the option for tied tenants to request a Market Rent Only (MRO) option Levels the playing field so that tied tenants can make the best decisions for their business
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Principles of the Code Principle 1: Fair and lawful dealing by pub-owning businesses in their dealings with their tied tenants Principle 2: Tied tenants are no worse off than if they were free of tie
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What do we want to achieve?
Cultural change so that tied tenants can operate in a fair business environment that allows pubs to thrive
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Role of the PCA Inform tenants about the Code and their rights
Issue advice and guidance about the Code Arbitrate individual disputes Achieve progress through regulatory functions including: Power to investigate suspected breaches of the Code and impose sanctions, such as financial penalties, if the PCA finds a breach
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Find out more about the Code
Visit
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PCA advice and guidance
More advice and guidance to follow
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Strengthening access to Code rights
Acknowledge the frustration in the sector and we have pushed up the pace to accelerate the arbitration process - New approach to arbitration case management process - New resources – including the DPCA - New IT to strengthen efficient administrative functions Also encouraging parties to use alternative arbitration dispute resolution processes to reach a settlement Greater transparency in Pubs Code arbitrations
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Taking the Code to the next stage
Advice Note Regulatory Compliance Handbook: complying with the principles of the Pubs Code Market Rent Only – compliant proposals March 2018
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Message to tied pub tenants
The Pubs Code is there for you to help you make the decisions that are right for your business We are here to make sure you can access your new rights and we need the intelligence to do that If you are experiencing possible breaches of the Code or impossible barriers, bring us that information – we want evidence to pursue issues You can also use the Code to get better tied deals
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Thank you. Questions?
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