Statutory code: BBPA accuses Government of using "insufficient evidence"

16-Jun-2013 - Last updated on 18-Jun-2013 at 08:27 GMT

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BBPA accuses the Government of using "insufficient evidence"

The British Beer & Pub Association (BBPA) has accused the Government of having “inadequate and insufficient evidence” to make statutory intervention and said the “consultation process is flawed and biased”.

It made the statement in its submission to the consultation over the statutory code and adjudicator which closed on Friday (14 June).

The BBPA claimed that: “The evidence offered of unfair behaviour is weak and at no stage have pub companies been given the opportunity to provide evidence to counter individual accusations.”

It also claimed in its submission that self-regulation in the pub sector is working well and there is no justification for costly new bureaucracy and red tape.

“Whilst putting the formal structures of improved self-regulation in place has taken longer than anticipated (to the frustration of all parties) it is now working. The consultation fails to recognise the very significant progress made by pub companies over the past four years, not least with the launch of Version Six of the Industry Framework Code earlier this year.

"Unfortunately the consultation appears designed to present an inaccurate and contrary view, in places grossly over-exaggerating the evidence to support the proposals presented,” its submission said.

The BBPA also claimed that the Code as proposed would have “real and unintended adverse consequences” as it would distort competition for companies with 500 or more pubs, as they would be subject to different terms and conditions than smaller pub owning companies.

The trade association welcomed the Government’s intention to exclude smaller companies from the statutory code and said it would support the 500 leased/tenanted pub threshold “however on the basis that it does not lead to a material distortion of competition”.

But the BBPA has come out strongly opposed to the proposals to force companies to offer a free of tie option, abolish the machine tie and offer a guest beer claiming this will also distort competition. It also made clear that it believed that free of tie pubs and franchises should not be covered by the Government plans.

In its submission it was also critical of the Government’s approach to the consultation claiming that the online questionnaire “is particularly biased” and said this is reinforced by the interview with minister Jo Swinson available on the Government website which uses “emotive language and inaccurate data to lead respondents to a particular view and prejudge the outcome of the consultation”.

To read the BBPA submission click here.