Practice can make our trade perfect

When the Pub Industry Framework Code of Practice was launched at the start of this year, I have to admit to being slightly sceptical about the supposedly positive impact this measure would have on our sector in the midst of one of the most challenging trading periods in its history.
Indeed, even when the new Code was first mooted, I believed it would unfortunately be another move to appease the members down at Parliament Square and would turn into a sterile process that would not lead to any significant change.
How wrong can you be? Attending a number of the sessions for the Code this year as a committee member has been a real eye-opener and turned this sceptic into a believer in the work that is being carried out, and into an optimist that the future of the industry is, if not secured, certainly on a much firmer footing than 18 months ago.
Many of the participants, from national pubcos to regional brewers, have taken a good look at the way their businesses work and re-evaluated the

20 replies - Last reply by Ken Nason, 03/08/2010 12:23:32

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Replies

RE: Practice can make our trade perfect

Sorry - duplicate!

RE: Practice can make our trade perfect

Ewan. As a member of the BIIBAS accreditation committee I think it is right to clear up some mis-conceptions about its purpose. I've already raised concerns in other threads and obviously with Neil Robertson directly.

The committee simply looks at proposed codes of practice to assess whether or not they meet the basic criteria of the BBPA Framework. Members of the committee, including myself, have sought to press for more from those submitting the codes but in reality they only need to meet a minimum standard. The accreditation process most certainly doesn't endorse any pubco or brewery business model nor make it more or less appropriate for any tenant. It is wrong to represent it as such.

My own position is that codes of practise in general are a poor substitute for proper regulation of sectors open to exploitation such as the tenanted pub sector. There is an additional weakness here in so far as the basic level is set by the BBPA which is paid for by those producing the codes and the proposed "policeman" is the BII which many members (including me) and others consider to be perhaps too close to the same BBPA members.

Whether those pubcos using codes of practice will adhere to them is unclear. Neil Morgan's speculation doesn't assist us on that of course. There are many legal issues outstanding as well and more advice and clarity on that will also emerge. In truth, if the basic model and financial stricture of the larger pubcos prevents them from changing their behaviour then it won't happen, codes or not. Certainly the sector needs to change, codes may be a small part of that but they aren't, in my view, the answer to the real problems although they may help us to focus on them.

RE: Practice can make our trade perfect

No misconception on my part at all. You are a member of a board that approves pubco codes of practice. As an anti-tie campaigner your approval of these codes gives them more weight than they would have. This committee must have been formed with strict codes of referance so if you did not like them you should not have joined.

RE: Practice can make our trade perfect

Double standards

RE: Practice can make our trade perfect

I would disagree Kevin, this is a further attempt by Fair Pint to sit around the table and move matters on. The very thing people such as ken have been complaining that Fair Pint are not doing. Whilst pressing for more here that doesn't stop them pushing for their main aim elsewhere. Anything that can ease the lot of leaseholders in the here and now, knowing that the route of legislation will take a lot longer is sensible I would counter. I would also have liked far greater consultation with leaseholders themselves, but sadly that was not to be the case, and given the governments excuse for consultation ongoing it appears to be rather out of fashion!

RE: Practice can make our trade perfect

Richard sorry but wrong on a couple of points. Karl himself has stated that his position is one of being at the table to observe and record for the future not to influence. He has said he has no influence as the codes will go ahead regardless so his position and that of fair pint at this particular table does nothing to move matters on at all which IS what I am saying is that NO MEANINGFUL sitting at table with the Pubcos has been attempted or attained since the once at mediation and certainly none without pre-requisite conditions.

Ken NAson

RE: Practice can make our trade perfect

Ken do you recall the pubco pre requisite conditions prior to mediation? I think laying the blame at the feet of the tenants or their representatives is becoming tiresome. Let's have some balance here and start asking why the pubcos will not come to the table maybe? I think that the codes will not make one bit of difference and if that is the case some might conclude that they have served their purpose. I agree with Bob that legislation will be the way forward and sooner rather than later. What is the point of having a code which should adhere to the RICS guidelines when some of the new leases have no rent review clauses in them and are linked to annual RPI increases?

RE: Practice can make our trade perfect

Sorry Richard this is about Karl's perception of himself as a Master of the Universe. Getting him to approve the codes was a masterstroke by the pubcos. They played the vanity card with him and he swallowed the bait

RE: Practice can make our trade perfect

There is an added problem of course, the RICS codes don't exist and if the inside track is right then they are never going to be acceptable to the Pubco's, unless they are to the detriment of the lessee. This whole Codes thing is a circular argument going nowhere.

As for Karl's involvement what can one say. As Ken says, not a lot of point being part of a decision making panel if you can't influence decisions.

RE: Practice can make our trade perfect

Info if you are referring to the non discussion of the tie yes. A perfectly expected negotiating counter when entering into talks with someone who is insisting that they will accept no less than the removal of the tie. They have no intention of removing the tie, the tenants "representatives" have no intention of settling for anything less than full removal therefore quite reasonable to remove it from the agenda not to take up time for other less intransigent items, don't you think?

It's called mature negotiations.

Perhaps they won't come to the table because they haven't been approached. This is the answer I cannot get from those who have supposedly invited them(and been refused)

Surely you must concede that at the very lease the codes are a step forward in giving clear indication to tenants what the landlords actions will be in certain circumstances and surely this is what tenants have complained about for years that they didn't know or weren't told or kept in the dark over?

As to a landlord not having rent reviews surely that is his privilege as landlord in setting the conditions for his property. If he does include reviews then they are governed by the required RICS guidance if not then they are not.

Ken Nason

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