Search Legislation

Small Business, Enterprise and Employment Act 2015

Status:

This is the original version (as it was originally enacted).

Supplementary

68“Tied pub”

(1)In this Part a “tied pub” means premises in relation to which conditions A to D are met.

(2)Condition A is that the premises have a premises licence authorising the retail sale of alcohol for consumption on the premises.

(3)Condition B is that the main activity or one of the main activities carried on at the premises is the retail sale of alcohol to members of the public for consumption on the premises.

(4)Condition C is that the premises are occupied under a tenancy or licence.

(5)Condition D is that the tenant or licensee of the premises is subject to a contractual obligation that some or all of the alcohol to be sold at the premises is supplied by—

(a)the landlord or a person who is a group undertaking in relation to the landlord, or

(b)a person nominated by the landlord or by a person who is a group undertaking in relation to the landlord.

(6)But condition D is not met if the contractual obligation is a stocking requirement.

(7)The contractual obligation is a stocking requirement if—

(a)it relates only to beer or cider (or both) produced by the landlord or by a person who is a group undertaking in relation to the landlord,

(b)it does not require the tied pub tenant to procure the beer or cider from any particular supplier, and

(c)it does not prevent the tied pub tenant from selling at the premises beer or cider produced by a person not mentioned in paragraph (a) (whether or not it restricts such sales).

(8)In subsection (7), “beer” and “cider” have the same meanings as in the Alcoholic Liquor Duties Act 1979 (see section 1 of that Act).

(9)In this section—

  • “alcohol” has the meaning given by section 191 of the Licensing Act 2003;

  • “premises licence” has the same meaning as in that Act.

69“Pub-owning business”

(1)A person is a “pub-owning business” for the purposes of this Part—

(a)in the period beginning with the day on which the Pubs Code comes into force and ending with the following 31 March, if immediately before the Pubs Code comes into force the person was the landlord of 500 or more tied pubs;

(b)in any subsequent financial year, if for a period of at least 6 months in the previous financial year the person was the landlord of 500 or more tied pubs.

(2)For the purposes of calculating the number of tied pubs of which a person (“L”) is the landlord, any tied pub the landlord of which is a person who is a group undertaking in relation to L is treated as a tied pub of which L is the landlord.

(3)A person not falling within subsection (1) and who is the landlord of a tied pub occupied by a tied pub tenant who has extended protection in relation to that tied pub is also a pub-owning business for the purposes of this Part in relation to that occupation.

(4)A tied pub tenant has “extended protection in relation to a tied pub” if—

(a)the tenant occupies the tied pub under a tenancy or licence at a time when the landlord is a person who is a pub-owning business by virtue of subsection (1), and

(b)before the end of that tenancy or licence the landlord is no longer such a person (whether because of a transfer of title or because the landlord ceases to fall within subsection (1)).

(5)But a tied pub tenant ceases to have “extended protection in relation to a tied pub” on the earlier of—

(a)the end of the tenancy or licence concerned, and

(b)the conclusion of the first rent assessment or assessment of money payable in lieu of rent to be provided after the landlord is no longer a person who is a pub-owning business by virtue of subsection (1).

(6)The Secretary of State may for the purposes of subsections (4) and (5) by regulations specify—

(a)when a tenancy or licence ends;

(b)when a rent assessment or assessment of money payable in lieu of rent is concluded.

(7)Nothing in sections 43 to 45 and sections 53 to 59 has effect in relation to a person who is a pub-owning business by virtue of subsection (3).

(8)The Secretary of State may by regulations specify circumstances in which a person who is a group undertaking in relation to a pub-owning business—

(a)is to be treated, or

(b)may if the Adjudicator so determines be treated,

as a pub-owning business (as well as or instead of any other person) for the purposes of any provision of or made under this Part.

(9)The Secretary of State may by regulations—

(a)amend subsection (1)(a) or (b) so as to substitute a different number of tied pubs, or a different period, from the number or period for the time being specified there,

(b)make provision in relation to the calculation of the number of tied pubs, whether by amending subsection (2) or otherwise.

70“Tied pub tenant”, “landlord”, “tenancy” and “licence”

(1)In this Part a “tied pub tenant” means a person—

(a)who is the tenant or licensee of a tied pub, or

(b)who is a party to negotiations relating to the prospective tenancy of or licence to occupy premises which are, or on completion of the negotiations are expected to be, a tied pub.

(2)In this Part—

  • “landlord” means—

    (a)

    in relation to a tied pub occupied under a tenancy, the immediate landlord, or

    (b)

    in relation to a tied pub occupied under a licence, the licensor;

  • “licence” means a licence to occupy premises; and “licensee” is to be construed accordingly;

  • “tenancy” means a tenancy created either immediately or derivatively out of the freehold, whether—

    (a)

    by a lease or sub-lease,

    (b)

    by an agreement for a lease or sub-lease,

    (c)

    by a tenancy agreement or sub-tenancy agreement, or

    (d)

    in pursuance of a provision of, or made under, an Act,

    and includes a tenancy at will.

(3)Where two or more persons jointly constitute either the landlord or the tied pub tenant, any reference in this Part to the landlord or to the tied pub tenant is a reference to both or all of the persons who jointly constitute the landlord or the tied pub tenant, as the case may require.

71Power to grant exemptions from Pubs Code

(1)The Secretary of State may by regulations provide that the Pubs Code does not, or specified provisions of the Pubs Code do not, apply in relation to—

(a)the dealings of pub-owning businesses—

(i)with tied pub tenants of a specified description, or

(ii)in relation to tied pubs of a specified description;

(b)the dealings of a specified pub-owning business or pub-owning businesses of a specified description—

(i)with their tied pub tenants or tied pub tenants of a specified description, or

(ii)in relation to their tied pubs or tied pubs of a specified description.

(2)Regulations under subsection (1) may, in particular, specify a description of pub-owning businesses or tied pub tenants by reference to—

(a)the nature of the tenancy or licence, or

(b)the nature of any other contractual agreement entered (or to be entered) into by the tied pub tenant with the pub-owning business, or a person nominated by that business, in connection with the tenancy or licence.

(3)The regulations may provide for circumstances in which a tied pub of a specified description is to be disregarded for the purposes of determining under section 69 whether a person is a pub-owning business.

(4)In this section “specified” means specified in regulations.

72Interpretation: other provision

(1)In this Part—

  • “the Adjudicator” means the Pubs Code Adjudicator;

  • “arbitration agreement” has the same meaning as in section 6 of the Arbitration Act 1996;

  • “financial year” means a period of 12 months beginning with 1 April and ending with 31 March;

  • “group undertaking” has the meaning given by section 1161 of the Companies Act 2006;

  • “independent assessor” has the meaning given by section 44;

  • “market rent” and “market rent only option” have the meanings given by section 43;

  • MRO procedure” has the meaning given by section 44;

  • MRO-compliant”, in relation to a tenancy or licence, has the meaning given by section 43;

  • “parallel rent assessment” has such meaning as may be prescribed in regulations made by the Secretary of State;

  • “product or service tie” means a product tie or a service tie;

  • “product tie” means any contractual obligation, other than a stocking requirement, of a tied pub tenant that a product to be sold at the tied pub must be supplied by—

    (a)

    the landlord of the tied pub or a person who is a group undertaking in relation to the landlord, or

    (b)

    a person nominated by the landlord or by a person who is group undertaking in relation to the landlord;

  • “the Pubs Code” means the regulations under section 42;

  • “service tie” means any contractual obligation of a tied pub tenant to receive a service supplied by—

    (a)

    the landlord of the tied pub or a person who is a group undertaking in relation to the landlord, or

    (b)

    a person nominated by the landlord or by a person who is a group undertaking in relation to the landlord;

  • “stocking requirement” has the meaning given by section 68.

(2)In this Part, references to “rent”, in relation to a licence to occupy, are to be read as references to the fee payable in respect of the licence.

73Regulations under this Part

(1)Subject to subsection (2), regulations under this Part are subject to affirmative resolution procedure.

(2)Regulations under section 66(1)(c) are subject to negative resolution procedure.

(3)If a draft of an instrument containing regulations under section 71 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed as if it were not such an instrument.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources