SCHEDULE 3

Documents 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.
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.
Sch. 3 para. 1 in force at 21.7.2016, see reg. 1(b)
Sch. 3 para. 2 in force at 21.7.2016, see reg. 1(b)
Sch. 3 para. 3 in force at 21.7.2016, see reg. 1(b)
Sch. 3 para. 4 in force at 21.7.2016, see reg. 1(b)