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Pubs Code

New pubs code adjudicator announced

By Emily Sutherland , 09-Mar-2016
Last updated on 10-Mar-2016 at 09:48 GMT2016-03-10T09:48:56Z

News pubs code adjudicator Paul Newby
News pubs code adjudicator Paul Newby

The Government has announced Fleurets director Paul Newby as the pubs code adjudicator. 

Newby is a chartered surveyor and has specialised in the licensed property market for thirty years, having worked in the licensed leisure and hospitality property sectors since 1981. 

As the Pubs Code Adjudicator (PCA), Newby will have responsibility for enforcing the new statutory pubs code, set to come into force from June this year. The code will govern the relationship between large pub-owning businesses and their tied tenants in England and Wales.

He has been a member of the RICS President’s panel of arbitrators and independent experts for 14 years and is also on the Pubs Independent Rent Review Scheme (PIRRS) panel of independent experts. Newby started his career at Colliers Bigwood and Bewlay before moving to Fleurets in 1991. 

As PCA, Newby will have powers to arbitrate individual disputes about breaches of the code, including disputes on rent and market rent only options, and to provide redress. He will also investigate suspected systemic breaches of the code more widely across the sector – and to impose sanctions, including financial penalties. Alongside this he will provide advice and guidance about the code.

'Wealth of experience'

Business minister Anna Soubry announced his appointment during a House of Common debate on the Enterprise Bill.

Paul Newby

* Qualified as chartered surveyor in 1983

* RICS registered valuer and accredited mediator

* Panel member of PIRRS

* Starts role on 2 May for initial four year period

“I am very pleased to be able to announce Paul Newby as the independent Pubs Code Adjudicator. He has a wealth of experience in arbitration and is sensitive to the challenges that the pub industry faces. The pubs code will ensure the 12,000 tied tenants of the six largest pub-owning companies can secure a fair deal and a better livelihood.”

The trade has been expecting an announcement on the successful applicant for the pubs code adjudicator since the start of this year. A spokesperson from the department of Business, Innovation and Skills said there had been "considerable interest" in the post. 

Newby is expected to receive a salary of £130,000 and be in control of an estimated budget of £1.6m. He will take up his position at the start of May and be based in Birmingham.


'Balanced view'

He said: "My role as a chartered surveyor in the pubs sector for over 30 years has given me an in-depth knowledge of the property market and prevailing business models. I have advised on rents, rent reviews, lease renewals and landlord and tenant issues, as well as being involved in dispute resolution across these areas as an expert witness, arbitrator and independent expert.

"These involvements have included advising both tied pub tenants and pub company landlords. This along with my experience of Code of Practice accreditation provides me with a balanced view of the stakeholder interests. I believe this will assist me in implementing the pubs code and creating effective relationships in the adjudicator role."

The British Beer and Pub Association has previously said a understanding of property and property valuation would be more important for the role than experience in the pub industry. 

What do you think? Is Paul Newby a good appointment as adjudicator? Email emily.sutherland@wrbm.com with your views