The Pubs Code etc. Regulations 2016 No. 790

Regulation 37

SCHEDULE 3 Documents to which the independent assessor must have regard

1.  Documents held by the tied pub tenant or the pub-owning business which provide evidence of the tied pub’s level of trading in the last 3 years.

2.  Documents held by the tied pub tenant or the pub-owning business which present a reasonable forecast of the tied pub’s level of trading for the next 3 years.

3.  For the purposes of paragraph 2, a “reasonable forecast” is a forecast which—

(a) is based on an assessment of the level of trading at the tied pub if it were operated by a reasonably efficient tenant; and

(b) may be based on an assessment of the pub’s level of trading if it were not subject to a product or service tie.

4.  Documents held by the tied pub tenant or the pub-owning business which describe any special commercial or financial advantages provided to the tied pub tenant under the terms of the tenancy or licence.