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RE: It's time to rock the boat

I read your article with interest. What it does not mention (and I appreciate space is at a premium) is that in the case of the Eagle Ale House, Enterprise originally sought a significant increase and the tenants, after over a year of failed negotiation were forced to seek the appointment of an Arbitrator. The BDM and Regional Director both denied that the rent could potentially go down at review, despite the lease terms, and pleaded ignorance to the comments made by Enterprise at the TISC in which they assured the Committee they would not enforce up only rent reviews and would be removing them from leases where they still exist. These are not particularly good examples of transparency and sadly demonstrate that for all the make up - the Pubco's are still essentially gorillas wearing lipstick !

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RE: It's time to rock the boat

Very good observations Robin. The Eagle Ale house: one

among 7000 + pubs.

1) "Am I suggesting that pubcos are ensuring a greater number of business

failures by rigidly enforcing the tie? The answer is certainly yes!

2)

"One aspect of pubcos and breweries that I am personally pleased about is

the improvements many have made in their new codes of practice, some of which

have already been accredited by the BII."

Right then. difficult not to concur wholeheartedly with 1) while having to question

2) what accreditation by BII actually means.

As a member of BII (lapsed because I could find no

good reason to continue membership) I found that whenever I called the

organisation's helpline and left a message no one called back. When I called

the helpline and somebody actually answered I was told that they had no policy

on relationships with PubCos or with licensing policy nationally as every area

has its own interpretation of legislation. What I'm saying is that in my

experience, contacting BII was a bit like writing to OFT - a wriggling, gnome

like, official pontificatory non conclusive response was all I could expect.

Same with Licensed Victuallers' Association over a decade ago and same when my

MP writes to my PubCo - non committal rubbish which avoids dealing with the

point in question.

continues...

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RE: It's time to rock the boat

This commonplace industry obfuscation wears people down and leads to long

term  despair as none of the bodies supposedly responsible for ensuring

balance and fairness across the pub trade have any desire to cut their teeth

except when it comes to criticising government legislation for putting pressure

on the trade. The cosy relationship that clearly exists between all consumer

groups; trade organisations and the PunCos is obvious; sickening; and

apparently virtually impossible to break.

Trebles All Round! Hohoho G&T’s bartender. And on the double! And NO! You won't get a tip because that's what you're paid for in the first place...

This post replies to Mark Dodds > RE: It's time to rock the boat

 

RE: It's time to rock the boat

The three card trick is that rents are said to be up or down, BUT only if the pubco is seeking an increase.

Let's not forget that upward only means that if they ignore the review (which they can do) then the rent stays the same, as in upward only means what it says but only if the rent moves; at best/worst it stays the same. I have heard it said upward only means one has to offer an increase, £1, £50, £500 or whatever; generally it does not.

The only way it can go down is largesse or as a result of arbitration or independant expert; check the leases, because mostly the Landlord is the only side that can refer to a third party.

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