Pub Companies

Damian Hinds Excerpts

Tuesday 21st January 2014 Commons Chamber

[Damian Hinds (East Hampshire) (Con)]

The hon. Member for Chesterfield (Toby Perkins) outlined effectively and persuasively the importance of pubs as valuable assets to this country. They are at the heart of our communities and a big part of being British. In East Hampshire we have great community hubs, from the Fox and Pelican at Grayshott to the White Hart at Holybourne. There are also a number of the beautiful country pubs that form part of our national image and attract people to visit this country, such as the Queens and the Selborne Arms, the Greyfriar at Jane Austen’s Chawton, the Harrow, the Trooper and the Pub With No Name. That great range of brilliant pubs is a mixture of managed houses, tenancies, leases and independent free houses.

Like many other areas, we have also suffered too many pub closures. Just in the past couple of years, in one town in my constituency, Alton, and its surroundings, we have lost the Gentleman Jim, the Railway Hotel, the Barley Mow, the Wey Bridge, the two pubs in Ropley—the Chequers and the Anchor—and, just recently, the only pub in the growing community of Four Marks, the Windmill. Like the pub that my hon. Friend the Member for Norwich North (Chloe Smith) mentioned, the Windmill is going to become a Co-operative retail store. Of course, a lot of other publicans are struggling to break even and make a decent living.

I welcome the Government’s support for the licensed trade, such as the scrapping of the beer duty escalator, the 1p of tax taken off a pint, the extension of small business rate relief and the community right to bid. It is worth remembering that the pub trade’s problems predate the beer duty escalator and exist in both tied houses and free houses. Top of the list is the declining propensity of men to visit a pub after work multiple times a week to drink reasonably large quantities of draught beer, which is a high gross margin product. The second, related, problem is the wide price gap between the on-trade and off-trade in alcohol sales, which has coincided with the arrival of affordable, decent quality new world wine. There are a whole range of other factors, many of which we would welcome in themselves but have had adverse consequences for the pub trade. I refer to things such as the smoking ban, radically different attitudes to drink-driving and changes in people’s living rooms, such as having big-screen TVs at home, not just at the pub. There is also intense price competition in food and leisure in general.

When I used to work for an integrated brewer—I worked for Greene King for a couple of years—the cost pressures that licensees used to talk about included the massive price of Sky, which my hon. Friend the Member for South West Bedfordshire (Andrew Selous) mentioned, the national minimum wage and the cost of products through the tie.

We could argue that pub owners take too much money from publicans, but to mention only the tie is to chase the wrong target. People have two key objections to it: the impact on product range, and the way the product is priced. On the first point, we must remember that the tie is not the same for every pub. For some, particularly food-led pubs, it excludes wine and spirits, for example, which can be bought from outside. For others, even a tied house, there may be provision for a guest beer or for what is sometimes called a “local hero”, which means that a pub owner in an area where there is one dominant beer brand might be allowed to have that brand, even though it is a direct competitor.

A lot of the focus has been on whether licensees have the right to buy in a guest ale of their choosing. The hon. Member for Chesterfield mentioned the 160,000 members of CAMRA, and a lot of other people are also real ale lovers. I am proud to count myself among their ranks. I am proud of real ale—it is a uniquely British product that is not found anywhere else in the world, and I am proud to bits that it is growing. It is a craft product, and we should support it. I would love the Triple fff brewery in Four Marks, in my constituency, to have more outlets for its beer, which people would enjoy drinking. A guest ale option is positive for the increase of the brewery industry. However, we must be clear that it is a red herring for the survival of most pubs. Real ale is a small category in most pubs, and four out of 10 do not stock it at all. The drinks that matter in most pubs are standard lager, bag-in-box Coke and the others that generate the bulk of revenue.

The second set of objections to the tie are about pricing, which goes to the heart of pubs’ profitability. Sometimes when we discuss the matter—it happened in the last debate in the House—we speak as though, if we could remove the tie and the inflated beer prices from the equation, everything else would stay the same. Of course, that is not what would happen at all. The target margin for pubs is set by starting with a target return. There is an asset on the books with a certain value, and it is believed that the shareholders and the market require a certain return to be demonstrated on it. That return is split between rent and margin, the latter sometimes being known in the trade as “wet rent” for that reason. If the return was all on rents, the rent would clearly be higher and pubs would be more operationally geared, with a higher fixed cost. Arguably, more businesses might fail.

[Greg Mulholland]

With respect, although my hon. Friend speaks from a position of knowledge, I think he is missing the point. The whole point of the benchmark level of the market rent-only option—the Select Committee’s solution—is to stop the double overcharging that currently happens. The large pub companies have skewed the traditional tie so that there is no longer a lower rent if there are higher beer prices. The benchmarking survey by the Association of Licensed Multiple Retailers shows that tied rents are higher, on average, than free-of-tie rents, which is an abuse of the tied model.

[Damian Hinds]

It is difficult to go into the maths in great detail in a forum such as this, but with respect, I do not see how we can make that comparison, because we are talking about different pubs in different places.

[Toby Perkins]

The hon. Gentleman is right to say that it is difficult to make such comparisons. That is precisely why we are making the case that the only way to get genuine fairness is to ensure that people know what is a fair market rent. We can then say, “You can take that or you can take an alternative. The choice is yours.” That is the only way we will get a genuinely fair deal.

[Damian Hinds]

I have a lot of sympathy with that view and it is legitimate. We must not forget, however, that the owner of the pub also has an interest in that business thriving, and it must be an arrangement both sides are happy with. In one sense, the tie is just a way of sharing risk. It is a way of having rent that goes up when business is good, and down when business goes down. If we want to complain about how much money pub owners take from licensees, that is perfectly reasonable, but it is misleading to speak only about the tie and to say that if that went, all those problems would disappear. I do not believe they would.

I believe the single most important thing for regulation is to ensure the availability of proper financial and legal advice for new licensees. That must include someone giving advice who is able to understand and challenge what the pub company puts forward. It is called FMT—fair maintainable trade—and involves an estimate of what the pub can make, on which the rent and target return is based. If the licensee enters that arrangement with their eyes fully open, it is a commercial decision. Pub companies tell us that things are getting better and that pre-entry training, consultation and so on has improved, but it is difficult to tell that from the outside—I know the Select Committee has had more opportunity to look at that in detail.

Overall, we want more of a partnership approach between the owner of the pub and the licensee, and in the industry at its best that is of course what happens. For a long time, pulling pints has not been enough to survive and thrive in the licence trade. Such businesses are increasingly food driven, and they are trying to attract a wider range of customers while having to compete against managed houses that have different cost structures. There can be big advantages to being part of a wider group, such as consultancy and guidance on the development of the food business and menus. For some, there are other streams of business such as accommodation and retail opportunities, or—critically—improving purchasing programmes to improve margins.

It may be that as the industry evolves, the old tied model becomes less appropriate as more business goes to food and other products, and a franchising-type model may become more appropriate. It is arguably easier to do that and provide a full range of services if there are managed houses, as well as tenancies or leases. It is not for the Government to force such things through, but competition authorities can ensure there is sufficient space in the marketplace for operators who would provide a different model to licensees. The other crucial thing the Government can do to ensure that pub companies are fully mentally invested in long-term pub operations, rather than having an asset register of real estate, is make it harder to convert to residential property. If someone knows that the way they will make money out of a certain asset is by trading it well as a pub or a place where people come together to eat and drink, their minds will be focused on doing that more and more.

Where communities want to take over a pub, but that does not work out with the pub company and so on, I would like the Government to review continually the way the community right to bid works. We have a number of such instances in my constituency, and there is a great team working on the Anchor in Ropley. People are giving up a lot of time and putting in their expertise. That seems quite hard on occasion, and I hope the Government will keep that under review to ensure the process is as simple as possible.

In conclusion, we should beware of solutions, such as removing the tie, that appear to solve a lot of problems. Let us think back to the beer orders, and those who thought it was a great idea at the time in terms of breaking the vertical integration hold of brewers on individual pubs. I wonder what some of those people think about that now.