Small Business, Enterprise and Employment Act 2015 (c. 26)

PART 4 E+W The Pubs Code Adjudicator and the Pubs Code

Supplementary E+W

70 “Tied pub tenant”, “landlord”, “tenancy” and “licence” E+W

(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.