With one week left before submissions close for the PCA’s inquiry into Stonegate, the regulator has issued an urgent call for more evidence.
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“I intend to reach a fair decision and conduct a thorough investigation, and to do that I need evidence from a range of sources”, PCA Fiona Dickie told The Morning Advertiser (The MA).
“Any tenant, former tenant or third party with information within the scope of the investigation is welcome to come forward and provide evidence.”
She stressed anyone coming forward with information would not be identified in the investigation report without their consent.
Dickie continued: “The PCA recognises tenants and others may be providing confidential information in this investigation and will ensure this is treated with all due care and in accordance with the PCA’s own legal duties to protect material that is sensitive, commercial or private.”
Clear position
In April, the PCA warned the six regulated pub companies that NDAs and confidentiality clauses must not deter tenants from sharing information with the regulator, following concerns that some agreements may have discouraged them from speaking out.
“The PCA’s position is clear; no NDA, confidentiality clause or settlement agreement should prevent, or aim to prevent, a tied tenant from discussing their circumstances with the PCA”, Dickie added.
“This applies whether the tenant is current or former, and whether the information relates to an exit agreement, wider tenancy issues, or concerns about compliance with the pubs code.”
Additionally, the PCA asserted confidentiality agreements should clearly state that tenants can share information with the regulator and that it expects pub companies to make this clear in such agreements.
The PCA launched its formal investigation into Stonegate last month, covering the five years from 15 July 2021 to 14 July 2026.
It will examine whether Stonegate gave prospective tenants clear and accurate information before they signed agreements, including details on pub conditions, planned works, financial forecasts and rent levels.
Information is power
The inquiry will also look into whether it handled information requests and tenant relationships fairly and question whether the company accurately reported its compliance with the pubs code.
A formal investigation is the industry watchdog’s highest and most severe regulatory power.
The Stonegate inquiry marks only the second such investigation in the PCA’s history, with the first having been launched in 2019 against Star Pubs.
Dickie previously told The MA the investigation was “centred on transparency”, adding “information is power”.
Evidence can be submitted by emailing Investigations1@pubscodeadjudicator.gov.uk.
The deadline for submissions is Wednesday 12 August at 5pm. More information can be found on the PCA website.
