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The Supply of Beer (Tied Estate) Order 1989

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Explanatory Note

(This note is not part of the Order)

This Order provides that brewers, and groups of companies including brewers, which own more than two thousand licensed premises have until 31st October 1992 to dispose of either their brewery business or the excess of licensed premises or to release their ties on half the excess. (A “group” for this purpose is defined as companies related by holdings of or interests in fifteen per cent or more of voting rights.) Any person who finds himself in the position of owning a prohibited interest by the acquisition of shares after 1st May 1992 has six months to get out of that position.

The half-excess on which ties must be released must be sold or let at a market rent without an obligation on the brewer, or on a member of the group, to put or keep the premises in repair.

From 1st May 1990, brewers and brewery groups owning more than two thousand licensed premises must allow their “tied” premises to sell a draught cask-conditioned beer supplied by someone else and may not impose any ties relating to non-alcohol beers, low alcohol beers and non-beer drinks.

The Order does not apply in respect of agreements so far as they are agreements to which the Restrictive Trade Practices Act 1976 applies, and imposes no obligations on companies which are members of a brewery group because of a minority holding by another member of the group.

Copies of the report of the Monopolies and Mergers Commission on which the Order is based (Cm. 651) may be obtained from Her Majesty’s Stationery Office.

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