SCHEDULE 3Documents to which the independent assessor must have regard

Regulation 37

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.

Annotations:
Commencement Information

I1Sch. 3 para. 1 in force at 21.7.2016, see reg. 1(b)

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.

Annotations:
Commencement Information

I2Sch. 3 para. 2 in force at 21.7.2016, see reg. 1(b)

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.

Annotations:
Commencement Information

I3Sch. 3 para. 3 in force at 21.7.2016, see reg. 1(b)

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.