The pubco model is "outdated" and the existence of the tie is hastening pub closures - that was the message to MPs in the first hearing of the Parliamentary probe into pub companies this morning.
Three anti-pubco campaigners hit out at different aspects of the status quo and said pubcos had not improved their treatment of tenants since the last probe by MPs four years ago.
The anti-pubco voice is being heard at the first session of the Business and Enterprise Committee inquiry into pubcos. The 11 MPs are looking at how pubcos have acted on recommendations from the 2004 Trade and Industry Select Committee report into how they treat tenants.
Clive Davenport of the Federation of Small Businesses kicked off by saying 99% of member licensees said the situation with pubcos hadn't changed since 2004.
MPs highlighted the figure of 35 pubs closing per week and the campaigners disputed claims from the British Beer and Pub Association (BBPA) that the majority are free-of-tie. High rents were
12 Posts(s) found for this thread: Now displaying page 1 of 2
|
||
| Author Name | Opinion | Reply |
|---|---|---|
Tony Preston 18/11/2008 14:02:08![]() |
RE: MPs told pubco model is 'outdated' Just listened to the first submissions - interesting.... Of what they said, we have an RPI annual rent increase, and we were unable to get calculations provided to us when we had our rent review in April this year, where we got a £500 discount of our £4,500 increase. We were shown a single line of about 6 figures that 'represented the area' - no basis in fact relating to our pub and our circumstances. The BDM said that was that – end of negotiations – and the truth is arbitration is expensive and most of us are unwilling to put ourselves physically, mentally and financially through such a process when the terms of the lease dictate the findings that are allowable in arbitration – meaning that if upward only clauses etc exist, then unless specifically waived by the PubCo officially, the arbitrator can’t rule against that! In terms of what we were provided with on entry: 1. No historical data whatsoever. 2. Pub was on managed agent number 5 in the previous 12 months. 3. A price list that showed discounted prices which we based our profit and loss around, but subsequently turned out to be 'for a different lease' and not ours - because we are full tie no discount! Our deposit receives 2.5% interest - why has nobody brought that up? Anyway, now the PubCo lawyers will have plenty of time to listen to what has been said and wriggle out of it all - shame they didn't go first (again). PLEASE BEC, don't simply believe the words - just because people SAY they do things doesn’t mean they ACTUALLY do them! This post replies to this thread |
|
guy Arnold 18/11/2008 15:51:54![]() |
MPs told pubco model is 'outdated' Good point Tony: just because people SAY they do things doesn’t mean they ACTUALLY do them! I personally believe the issue here is NOT the actual model, but how it is executed (is this a misleading word to use here?) Some Regional Managers (or BRMs / BDMs etc) do a great job, and some are a waste of space. Some Companies try hard to really do the right thing for the long term, and some just pay lip service to this and scrabble over the money like a manic scrooge. I am clear which ones are which in my opinion, but I won't name names here, as there is no open reply. Perhaps the best outcome would be more transparency and tighter regulation, combined with legally enforceable service charters from the landord, based on the promises made when the lease was signed. It's iniquitous to agree a rent for a property when you're promised a whole lot of support, but, when the lease is signed, the support goes for a ball of chalk. This happens a lot. If the support is substandard, then the rent should be discounted. However, I still believe the model is basically a good one. It just needs to be executed properly, and with integrity and accountability (on both sides). All too often this doesn't happen, and the result always is the ubiquitous disasters we see every day. Don't throw the baby out with the bathwater, but please do warm the bathwater up a bit, and ensure it stays at a healthy temperature! GUY. edited by: guy Arnold at: 18/11/2008 15:52:20 This post replies to this thread |
|
guy Arnold 18/11/2008 15:08:50![]() |
MPs told pubco model is 'outdated' Good point Tony: just because people SAY they do things doesn’t mean they ACTUALLY do them! I personally believe the issue here is NOT the actual model, but how it is executed (is this a misleading word to use here?) Some Regional Managers (or BRMs / BDMs etc) do a great job, and some are a waste of space. Some Companies try hard to really do the right thing for the long term, and some just pay lip service to this and scrabble over the money like a manic scrooge. I am clear which ones are which in my opinion, but I won't name names here, as there is no open reply. Perhaps the best outcome would be more transparency and tighter regulation, combined with legally enforceable service charters from the landord, based on the promises made when the lease was signed. It's iniquitous to agree a rent for a property when you're promised a whole lot of support, but, when the lease is signed, the support goes for a ball of chalk. This happens a lot. If the support is substandard, then the rent should be discounted. However, I still believe the model is basically a good one. It just needs to be executed properly, and with integrity and accountability (on both sides). All too often this doesn't happen, and the result always is the ubiquitous disasters we see every day. Don't throw the baby out with the bathwater, but please do warm the bathwater up a bit, and ensure it stays at a healthy temnperature! GUY. This post replies to this thread |
|
Tony Preston 18/11/2008 16:09:45![]() |
MPs told pubco model is 'outdated' I think most people would agree with you Guy - in that the execution and inequity that exists in the actual real-life relationship is the problem rather than the tie etc., itself. So long as there was openness on both sides, transparency of calculations so all involved could understand and make informed choices, and so long that a tied lessee was not materially disadvantaged due to the process as compared to a FOT lessee, I believe there would be much less consternation. Wet rent is the killer and it’s out of our control, and no BDM/BRM will tell you that you will pay £140+ per 22 more than your FOT counterpart. I think that people would jump at the chance for a real partnership to exist, the one sold to most on entry – I do well, my landlord does well, we are all happy. There will still be problems, but not as monumental as there are currently. In any walk of life, people in general do not want to be taken for granted and do not want to be unfairly disadvantaged without recourse – unfortunately this is how many lessees feel – it’s the simple inability to redress the issues we face that are most contentious. And when one sees all around those outlets that do have the freedom to choose are doing well, and regardless of the fact you want to be there with them, you can’t due to competitive disadvantage, and your landlord would, in most cases, have you turned onto the street and offer concessions (comparative to ones exit position) to a new incumbent rather than maintain relations with those in current occupation. A huge step-change needs to take place, and if I were a shareholder, I would be seriously considering if my current Board were working in my long-term interest - happy people make money, the estate is not happy, and we all want to be. Who will make the leap? It can't be us - so come on Ted/Giles et al - don't think, just do it! This post replies to guy Arnold > MPs told pubco model is 'outdated' |
|
martin kay 18/11/2008 17:11:46![]() |
RE: MPs told pubco model is 'outdated' Tony, your point number 3 seems to be a case of Fraud. Have you followed up on this? This post replies to Tony Preston > RE: MPs told pubco model is 'outdated' |
|
Tony Preston 18/11/2008 18:41:02![]() |
RE: MPs told pubco model is 'outdated' We keep most things so probably have the price list to which I refer. But I will gain no advantage save adversarial actions. I can’t prove that is what they supplied. And if they did say ‘oops’, they will simply say I was not materially disadvantaged due to the fact that my rent is less than for a discounted tie - if that is true or not, who knows – the burden of proof is too overwhelming. This post replies to martin kay > RE: MPs told pubco model is 'outdated' |
|
Phil Liddell 19/11/2008 10:16:40![]() |
RE: MPs told pubco model is 'outdated' We keep hearing the statements from the Pub Cos that signing a lease is voluntary on the part of the incoming lesee, that you don't have to sign. That all the information required to make a business decision is available to the prospective tenant / lesee. To a point it is. But we, as many other 'newcomers' to the trade, were faced with the take it or leave it scenario - the lease I signed wasn't as onerous as some I examined, the rent wasn't crippling, and we had a chance of success - at a price much cheaper than a freehold. Freehold / leasehold we could have failed either way. However, there was minimal choice of alternative leases, FOT types were not entertained by the big Pub Cos, so it was Hobsons choice. Incidentally, my solicitor advised me not to sign, and a trade financial advisor told me to buy a freehouse instead. What wasn't apparent through my lack of experience, was all the hidden costs, the sneaky lease clauses, and the heavily stacked advantage the multi million pound Company with which I am dealing with now, has against an individual such as myself. We are on our own in fighting any injustice. 5 years on, and a relatively successful past few years have helped line the coffers of the Pub Co., and we've made a reasonable living - if below minimum wage counts as reasonable. However, business has become very difficult. This post replies to Tony Preston > RE: MPs told pubco model is 'outdated' |
|
J Mark Dodds 19/11/2008 10:39:47![]() |
MPs told pubco model is 'outdated' If a lessee uses a professional representative at rent review, the review itself becomes prohibitively expensive to carry out. A seven grand bill is common. But this, the lessee with argue with him/her self has saved me much more over the term of the review. Arbitration is not an option on top of the initial expense because the outcome is almost invariably in favour of the lessee. Arbitrators, like surveyors, operate in a culture dominated by pubco rent reviews and they all expect rent to go upwards and high. The real financial health of a pub is not taken into account - in a surreal RICS based attempt to provide balance and objectivity - and the real ability of a pub to pay the proposed rent is put to one side and ignored. And the lessee goes out of business because the increased rent, which flies in the face of any rational assessment of the situation, is nearly always too high. THIS SITUATION IS CENTRAL TO PUBCOS' HISTORICAL GROWTH AND PROFITABILITY. One thing Simon Clarke forgot to mention in his evidence to the inquiry yesterday is that he and his business partner did get a rent reduction at arbitration but that this is almost certainly unique for a tied rent review. By the way my arbitration process, which is still gong more than three years after rent review date of 25 September 2005, has cost me 40K so far. And if I lose, I will be liable to all of S&NPE's costs and the arbitrator's costs and the hight court costs as well. Like a lottery win in reverse. Got to catch a bus now to go see my psychotherapist in Wimbledon. This post replies to this thread |
|
Phil Liddell 19/11/2008 10:55:33![]() |
RE: MPs told pubco model is 'outdated' Cont. The help and support promised on entry is there of sorts - my BDM has gone through my accounts but can't come up with any help. Discounted tied beer would be a lifeblood, but was out of the question. Any little 'fiddle' that has help many a licensee sustain an income through the years has been whittled away, because every institution watches every penny during difficult times. So we, the lessee / tenant is getting screwed from all angles - and what happens, nothing. Sorry, an enquiry in which the Pub Cos will state the cost of help to tenents £1.3 million a month, will fail to help again. I wonder if the £1.3 million will be quantified? Most forms of help are the signing of full tie agreements in return for discounts on these products. Discounts that are usually poorer than normal wholesale prices. So in real terms the Pub Co hasn't lost out - they actually gain accounts, and despite discounts, their income hasn't dropped. Three years ago, (previous Pub Co) another smoke screen the Pub cos will be hiding behind - 'we have only recently taken charge of these properties', I 'negotiated free of tie agreement. They offered quadrupling my rent as a take it or leave it. No quantification, no transparency. So here we are - doomed, drowning whilst the band plays on. edited by: Phil Liddell at: 19/11/2008 10:57:14 This post replies to Phil Liddell > RE: MPs told pubco model is 'outdated' |
|
Linda Jaques 19/11/2008 11:35:34![]() |
RE: MPs told pubco model is 'outdated' Where can you listen to this? This post replies to Phil Liddell > RE: MPs told pubco model is 'outdated' |
|
|
||