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41.—(1) The pub-owning business must ensure that each of its business development managers—
(a)receives a copy of these Regulations before the business development manager liaises with tied pub tenants over any matters relating to the Regulations;
(b)is provided with appropriate training in relation to the requirements of these Regulations at least once every 12 months; and
(c)deals with tied pub tenants in a manner that is consistent with the principle referred to in section 42(3)(a) of SBEEA 2015.
(2) A pub-owning business must provide to its tied pub tenants information about—
(a)the role of the business development manager; and
(b)the support and guidance which the business development manager will provide to the tenants.
(3) Where a business development manager is responsible for conducting rent assessments or assessments of money payable in lieu of rent, the pub-owning business must ensure that the business development manager receives appropriate training before conducting any such assessment.
(4) A pub-owning business must ensure that the business development manager—
(a)makes appropriate notes of any discussions with tied pub tenants in connection with—
(i)rent proposals;
(ii)rent assessments or assessments of money payable in lieu of rent;
(iii)repairs to the tied pub premises;
(iv)matters relating to the tied pub tenants’ current or future business plans;
(b)provides tied pub tenants with a record of any such discussions within the period of 14 days beginning with the day on which the discussion occurred; and
(c)requests that the tenant respond to the business development manager if the tenant does not agree with any aspect of the record within the period of 7 days beginning with the day on which the record was received.
(5) A pub-owning business must specify, in a document published by the pub-owning business—
(a)its commitment towards the continuous professional development and improvement of its business development managers; and
(b)how it proposes to fulfil such a commitment, referring where appropriate to relevant qualifications and training.
(6) A “business development manager” means—
(a)a person who is employed as such by a pub-owning business; or
(b)any other person who represents the pub-owning business in negotiations with tied pub tenants in connection with the matters listed in paragraph (4)(a).
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