The Supply of Beer (Tied Estate) (Amendment) Order 1997

2.  Article 7 of the Supply of Beer (Tied Estate) Order 1989(1) is amended—

(a) by the substitution in paragraph (1) for “paragraph (4)” of “paragraphs (4) and (5)”;

(b) by the insertion after paragraph (2) of—

“(2A) Subject to article 8 below—

(a) the parties to any agreement to which this article applies made before 1 April 1998 shall terminate it before that date, so far as it relates to beer of an alcoholic strength exceeding 1.2 per cent, to the extent that the person who is precluded or restricted from making relevant purchases is prevented by the agreement—

(i) from purchasing from whomsoever he may choose at least one brand of bottle-conditioned beer, selected by him, or

(ii) from selling or offering for sale on any one day at least one brand of bottle-conditioned beer so selected and purchased;

(b) it shall be unlawful on and after 1 April 1998 for any person to make or carry out an agreement to which this article applies except to the extent that subparagraph (a) above would not require it to be terminated if made before that date.”;

(c) in paragraph (3)—

(i) by the insertion after “consumption;” of “bottle-conditioned beer means beer which undergoes fermentation in the bottle from which it is served for consumption;”; and

(ii) by the insertion after “selected by him” of “, or from purchasing from whomsoever he may choose or from selling or offering for sale at least one brand of bottle-conditioned beer selected by him”;

(d) in paragraph (4), by the substitution for “This article” of “Paragraph (2) above”.

(e) by the insertion after paragraph (4) of—

“(5) Paragraph (2A) above does not apply to an agreement made before 1 April 1998 if immediately before that date no party to it is any longer a brewer who holds interests in more than two thousand licensed premises or a member of a large brewery group unless subsequently a party to it becomes or, as the case may be, becomes again such a brewer or a member of such a group”.

(1)

S.I. 1989/2390.