Toby Perkins
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(10 years, 3 months ago)
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Toby Perkins (Chesterfield) (Lab)
I beg to move,
That this House notes that two years have passed since its resolution on pub companies of 12 January 2012; remains of the view that the Business, Innovation and Skills Committee was right to state in its Fourth Report, on Consultation on a Statutory Code for Pub Companies, HC 314, that only a statutory code of practice which included a mandatory rent-only option for pub companies which own over 500 pubs, an open market rent review and an independent adjudicator would resolve the contractual problems between the big pub companies and their lessees; further notes that pub closures are increasing, and believes that the Government should by July 2014 bring forward legislative proposals to introduce a statutory code of practice of the kind recommended by the Business, Innovation and Skills Committee.
For many Members, January in Parliament means two things. First—for some— it means the worthy, if somewhat joyless, challenge of a dry month, and secondly, it means a parliamentary debate about pubs.
This is the third January in a row during which the House has debated the regulation of pub companies. We know that pubs in our local communities are among our constituencies’ most precious assets, and a quick trawl through the press releases expressing MPs’ dismay at the fact that much-loved pubs in their area face closure will reveal immediately what an emotive issue this is, and how passionate our constituents feel about it.
I know that Members on both sides of the House will agree that, economically, socially and culturally, pubs are part of the fabric of our great nation. As well as being community hubs, they make a huge contribution to our fragile economy. Each pub employs an average of 10 people—often young people; often women, including working mums—who are finding it particularly hard to obtain other work. When a pub closes, its local economy loses about £80,000. More widely, the production and sale of beer contributes about £19 billion to the United Kingdom’s GDP, and generates total taxation revenues of £10 billion each year.
Given that a wide body of experts and more than 27,000 other people signed the 38 Degrees petition on pubco reform in just four days, today is one of those—some would argue—all too rare occasions in an MP’s life when he can vote for something that is both popular and right. In the last decade, our expectations of our locals have changed, and consumers now rank food higher than beer or sociability among their reasons for choosing a pub. As I know there is so much common ground between many Members across the House, I shall argue the case for reform in as unpartisan a way as I am capable of. [Laughter.]
Dr Huppert
I hope the hon. Gentleman will have a chance to take that step. He is right to say that there have been huge problems with pub closures, but as a result of new policies introduced by Liberal Democrat-led Cambridge city council, not only are pubs not closing, but previously closed pubs are able to reopen. Will the hon. Gentleman join me in congratulating the council on its excellent work, which has been supported by the Campaign for Real Ale and many other organisations?
Toby Perkins
Of course I welcome anyone taking a positive step in what is an incredibly difficult climate. At a time when there are so many pressures on pubs— 26 are now closing each week—anyone who is able to buck that trend will have our wholehearted support.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I am possibly the only Member in the House who owns a pub. I am the chair of the John Clare Trust, which has bought the Exeter Arms, where Clare and his father used to sing and play. Unfortunately, it is closed at the moment, but we are determined to reopen it as a community pub.
Toby Perkins
I almost got carried away there, then my hon. Friend announced that his pub was in fact closed. However, the fact that his determination and vigour will ensure that it soon reopens gives us all a sense of enthusiasm and excitement.
My hon. Friend the Member for Edinburgh South (Ian Murray), a former Enterprise Inns landlord himself, will have the honour of winding up the debate. I also want to salute the many other hon. Members who are here today and who have previously raised this issue in debates here or in the press, or joined campaigns in their communities to highlight the problems caused by aggressive pub company behaviour.
In September 2011, the Business, Innovation and Skills Committee’s fourth review of pub companies finally settled on the view that only a statutory code with a mandatory rent-only option would put the pubco relationship on a fairer footing. I was therefore disappointed by the suggestion in today’s Government amendment that Labour should have regulated this issue before. The Government will know that it was precisely because the Select Committee wanted to give the pubcos time to get their house in order that they were given a final chance in 2010, with a timetable that the Secretary of State supported when he first came into office.
Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
Does my hon. Friend agree that it is rather strange that the Government are using the previous Government’s decision to abide by a Select Committee recommendation as an excuse to ignore the current Select Committee recommendation?
Toby Perkins
My hon. Friend’s intervention gives me an excellent opportunity to put on record my gratitude—and that of the whole House and the wider coalition supporting the reform—for his work as Chairman of the Select Committee, which has led the way on this issue. I entirely agree that it is odd that, with such a large body of opinion in favour of the reform, it has been so difficult for the Government to support the recommendation that the previous Government were behind and that this Government said in 2011 that they would support.
Alison Seabeck (Plymouth, Moor View) (Lab)
Many people outside the House are clearly taking a great deal of interest in this debate. We have a lot of independent brewers in the south-west, and some fantastic beers are sold in the local pubs. Many publicans there have raised the issue of the way rents are passed on with little independent assessment. Is my hon. Friend going to say something about that?
Toby Perkins
My hon. Friend has successfully predicted what I am going to say. I will definitely touch on that issue, because it is one of the key elements of the debate.
I also want to take this opportunity to reflect on some of the other contributions that have been made in the run-up to the debate by Members trying to support pubs in their area. The hon. Member for Leeds North West (Greg Mulholland) has been a determined campaigner on this issue. Among his many valuable contributions to the campaign, his article in the Yorkshire Post on 10 May was on message enough for the Liberal Democrat press office to promote it with the message that
“pubco terms are the biggest reason for pub closures”.
That was his view in May 2013, as I know it remains. Now, eight months later, I am disappointed to see that he has signed the amendment proposing that the Government need more time to come to the conclusion he has so consistently and persuasively argued for.
Greg Mulholland (Leeds North West) (LD)
The hon. Gentleman might be disappointed, but I was disappointed that he has tabled this Opposition day motion. We have had a conversation about this. My belief is that support for this issue commands a majority in the House of Commons, and that we need to do this properly, rather than through an Opposition day debate. I look forward to getting the recommendation from the Department for Business, Innovation and Skills and, at that point, getting everyone on both sides of the House together to push this through.
Toby Perkins
I have tremendous respect for the hon. Gentleman, but those whose lives have been wrecked by the behaviour of the pub companies will look askance at the idea that, because of the nature of this debate, people will choose whether or not to vote for the motion. We had a Back-Bench debate on the issue two years ago, at which the motion was carried unopposed. However, the Government ignored it. In fact, it is only when the Opposition have brought pressure to bear that we seem to have achieved any movement on the issue. Today, in an entirely open and reasonable way, we are calling for all Members who feel strongly about this, as I know the hon. Gentleman does, to support the motion and give the Government the necessary impetus and the courage of their convictions to take the action that is so desperately needed.
Mr Brian H. Donohoe (Central Ayrshire) (Lab)
One reason behind pub closures is the high taxation on spirits in general and on Scotch whisky in particular. Given that spirits and Scotch whisky account for 40% of the sales in pubs, and that the level of taxation continues to escalate, should not the Government look more closely at the inevitable loss of revenue involved?
Toby Perkins
My hon. Friend raises an important point. There are many aspects to the debate on the future of our pubs, but this debate is about the pub companies. I will therefore resist his offer to get drawn into what the shadow Chancellor should propose to do about the taxation of the Scottish whisky industry. However, my hon. Friend rightly identifies whisky as an important product for our pubs, for our economy and particularly for the Scottish economy. Whether the statistic that he has just given us lends any credence to Scottish people’s reputation for an enthusiasm for alcohol I will leave to Members to consider.
Bill Esterson (Sefton Central) (Lab)
May I offer an example from my constituency to support the motion and illustrate the urgency of the matter? A constituent of mine moved into her pub a few years ago with the promise of significant investment being made in the property. Those repairs have never been carried out. She also has to buy her beer from the pub company; if she buys from elsewhere, the pub company fines her and charges her significantly more. Does not that illustrate why the motion is so important—particularly the part about rent-only tenancies—and why we need action now? Tenants such as my constituent cannot afford to wait any longer for action.
Toby Perkins
I could not agree more with my hon. Friend.
I shall outline how we have arrived at this position. We have now seen the full scale of the revelations from the Select Committee in its four different reviews over eight years. Examples have also been given by many Members from across the House on behalf of their constituents. The hon. Member for Northampton South (Mr Binley), my right hon. Friend the Member for Torfaen (Paul Murphy) and my hon. Friend the Member for Easington (Grahame M. Morris) are all well-known champions of the cause. Just a little research has revealed many more.
The hon. Member for Salisbury (John Glen) has told the House about the landlords of the White Horse in Quidhampton, alleging that
“Enterprise Inns signed them up to a lease on a false prospectus and…made their business completely uneconomic and unsustainable”.—[Official Report, 13 June 2013; Vol. 564, c. 476.]
The hon. Member for Meon Valley (George Hollingbery) has confirmed that
“unsustainable rent demands…from Enterprise Inns”—[Official Report, 13 June 2013; Vol. 564, c. 476.]
led to the closure of the White Hart in South Harting. The hon. Member for Romsey and Southampton North (Caroline Nokes) has written to Enterprise Inns to inform it that the Abbots Mitre in Chilbolton was
“under threat largely due to unrealistic rents and changes in terms and conditions.”
The hon. Member for Bristol North West (Charlotte Leslie) has written to Enterprise Inns asking it not to close the Lamplighters in Shirehampton.
The hon. Member for Cheltenham (Martin Horwood) has bemoaned Enterprise’s decision not to save the Little Owl, saying that
“a big company has failed to recognise a pub’s value to the community.”
The hon. Member for Pudsey (Stuart Andrew) was also concerned with saving the Owl, this time the one in Rodley, whose threatened closure he blamed on
“the mounting costs imposed by the building owners, Enterprise Inns”.
The hon. Member for Bromley and Chislehurst (Robert Neill), who has recently written an excellent article in support of a mandatory free-of-tie option, has said of the sale of the Porcupine in Mottingham that the public were
“incensed that their right to bid for the pub has been bypassed deliberately by Enterprise Inns and LiDL”.
The right hon. Member for East Devon (Mr Swire) told a packed crowd that he would be joining the campaign to save the Red Lion in Sidbury, which Punch Taverns was planning to sell. There are many more examples. My right hon. Friend the Member for Tooting (Sadiq Khan) joined the campaign that successfully saved the Wheatsheaf. My hon. Friend the Member for Westminster North (Ms Buck) was particularly busy: she was trying to save both the Clifton and the Star. My right hon. Friend the Member for Southampton, Itchen (Mr Denham) campaigned to save the Bittern. The list goes on and on and on.
Today we are faced with a choice. We can race to the aid of pubs in distress in our communities—pubs that are the symptoms of the great pubco disaster that plays out in every one of our constituencies and leads to job losses and the loss of a treasured community asset. We can sign the petitions; we can beg the pub companies to be fair this time; we can complain that the rents were too high or that the companies sold a false dream; we can rage against how they did not understand or seem to care about the impact on our communities; we can bemoan that they changed the rules; or, finally, we can act.
Andrew Selous (South West Bedfordshire) (Con)
Televised sport, especially football, is very important to many pubs. I have had news today that a pub in my constituency is in difficulty because Sky Sports wanted to charge £1,250 a month to show Sky Sports in the pub. Has the hon. Gentleman had any thoughts as to how we can try to get sport into pubs more cheaply or increase competition so pubs can show sport, especially football?
Toby Perkins
The hon. Gentleman makes an incredibly important point. I know that many pubs have an agonising decision to make about whether they continue to show sport, which is incredibly expensive but attracts a lot of people through the door. I am sure he raises this question looking forward this weekend to Sheffield United playing Fulham on BT Sport, which can be watched in most good public houses at about 1 o’clock on Sunday afternoon.
The point the hon. Gentleman raises highlights the fact that the proposal we are discussing today is not a panacea for all the problems of the pub trade. If our motion is supported and the Government, with our support, swiftly bring forward regulation we can all back, it will not mean that all the problems will be solved and no more will be asked of Parliament. The sports issue is important and I will speak to my hon. Friend the Member for Eltham (Clive Efford) about it, as he is putting forward Labour’s ideas on sport for the next manifesto.
Mark Tami (Alyn and Deeside) (Lab)
I recently met a landlord who has managed to turn around a failing pub and increase the turnover. His reward is for all the extra money to be taken away in increased rent. That destroys the incentive for people to work hard and bring these pubs back.
Toby Perkins
That is an important point, and we hear it time and again. Given the economic difficulties and the difference between on-trade and off-trade alcohol, people understand that there are going to be difficult times for pubs. They will also recognise that some people are not suited to running a pub and, for whatever reason, are unable to make a decent fist of it. What sticks in the craw of most fair-minded people, however, is that the majority of those who take on major pubco tenancies end up earning under £10,000 a year. It is not a case of a few people doing very well, a reasonable number making a decent living and a small number failing; we are seeing the majority failing. Under the existing perverse disincentives, regardless of whether the pub does well or badly, the pub company does all right, and many people say that even when their trade grew they got hit with higher rents or higher prices that took away all the increased revenue they had generated. It is clear that there is a desperate imperative to act.
Andrew Gwynne (Denton and Reddish) (Lab)
My hon. Friend recently rattled off a great long list of Members on both sides of the House who have rightly campaigned on this issue. Does he share my disappointment that as long ago as last January he brought a debate to this House during which the Government performed a U-turn saying they would seek to introduce a statutory code, which is absolutely necessary, and we had a lengthy consultation, but very little in terms of the legal framework has changed 12 months on?
Toby Perkins
I certainly do share my hon. Friend’s disappointment. My sense is that there is a lot of sympathy on this issue across the House and I want to bring people together rather than tear us apart. It is fair to say that a year ago the Government did a U-turn. I was not disappointed with that at all; I was delighted. They told the House that they were going to get on with the consultation. Many people were celebrating, and they went out drinking in the pubco pubs around the country that night. A few months later the consultation started and it finished about six months ago, yet despite the overwhelming response in favour of what we are proposing today and what the Government seemed minded to consider, we still have not actually had any action. We have not changed the situation on the ground for hard-pressed publicans and all those people who have seen their life-savings disappear and who want to know that the regime is going to improve for the people who follow them.
As I was saying, we can bemoan the situation, we can join the campaigns, or we can act. We can take court action on the cause of the closures. We have within our grasp today the opportunity to prove that actions speak louder than words and stand united across the House on behalf of our communities, but also on behalf of the hundreds who are looking to us to act. In just four days since Friday, 26,762 people have signed the 38 Degrees petition on the great British pub scandal.
CAMRA is an immensely important and well-respected body. It has the best interests of the pub in its heart and in its DNA; that is its raison d’être. It boasts a membership of almost 160,000, a staggering demonstration of the importance of real ale and pubs to people across our country. If I was seeking to make a political point, I might have mischievously pointed out that, with almost 160,000 members, CAMRA is bigger than the recently reported membership of the Conservative and Liberal Democrats parties combined, but as I said I wanted to be consensual, I am not going to mention that.
We all know that a fairer relationship between pub companies and their landlords is not a panacea that will end all the challenges faced by the trade. There are others and there will continue to be asks of us in Parliament even if we take action on this scandal today, but the fact that we cannot solve every problem does not mean we should not solve this major one. From the Federation of Small Businesses to the GMB, from CAMRA to the Forum of Private Business, from Fair Pint and the all-party save the pub group to Unite the Union, a diverse coalition of interests has consistently called for a new statutory code of regulation.
Let no one say that this House or the Business, Innovation and Skills Committee have rushed to judgment. Over four reports and eight exhaustive years, the Committee gave the major pub-owning companies every opportunity to make the changes that were needed to put their house in order, yet at every turn it found that the industry moved at a glacial pace, and always reluctantly, and only because of the scrutiny of the Committee.
Although I want to pay tribute to everyone involved in the work of the Select Committee and to say that I think the work done on pubco is a shining example of the Select Committee system at its best, it should not have to be the role of a Committee not only to investigate an issue but to be the body that constantly has to chase to see whether the assurances made to it have been kept. Following the final 2011 Select Committee report, there was widespread disappointment when the right hon. Member for Sutton and Cheam (Paul Burstow) came to the House to defend opting for a self-regulatory regime. In January 2012 this House felt it had seen enough. We believed that voluntary regulation had failed and we voted unanimously for a statutory code, a vote that was ignored by the Government. Frankly, at every stage it has felt as though the Opposition and the Select Committee, ably supported by Members across the House, have had to make the running.
During oral questions to the Secretary of State for Business, Innovation and Skills in November 2012, there were three Labour pubco questions and it was suddenly announced that there would be an investigation into the success of self-regulation. A day before the Opposition day debate in 2013, the Government finally announced that they would consult on introducing a code to deliver a fairer balance between pub companies and their tenants. The response to the consultation was overwhelming: over 7,000 people responded, 96% were in favour of regulation, 67% were in favour of a mandatory free-of-tie option, 92% were in favour of open market rent assessment, and there was widespread support for a stronger independent adjudicator.
The strength of feeling was overwhelming, with 91% of respondents who ran a pub saying that the beer tie was one of the three biggest challenges facing their business, and more than nine in 10 saying they would take a free-of-tie option even if it meant paying a higher rent. It is therefore a little odd for the Government to say, as they do in their amendment, that they want to take more time to learn from the consultation. They chose the questions to ask and they got a big response. On almost all the big questions, the level of support was so overwhelming that even Robert Mugabe would have thought it was a bit one-sided, yet the Government then commissioned a report from London Economics, which critics felt was deeply flawed, apparently to try to persuade themselves against the view they appeared to have taken before their consultation. Nothing could more clearly demonstrate the failure of the big pub companies than the desire to leave them on the part of the very people they consider to be their business partners. But for all the warm words expended on the Floor of this House and elsewhere, still nothing has changed in legal terms, and every week 26 pubs close.
If the Government do not introduce a Bill on this issue in the Queen’s Speech, it is impossible to imagine that there will be sufficient parliamentary time to pass one in this Parliament. As my right hon. Friend the Member for Doncaster North (Edward Miliband) said on Sunday’s “The Andrew Marr Show”, if this Government fail the challenge set them today, everyone who feels strongly about this issue will know that, for all the rhetoric, only voting for a Labour Government will bring about the fairness that so many people so desperately want. Hon. Members will today have an opportunity to choose whether to be part of the solution or, I am sad to say, part of the problem.
There is no doubt that the existence of large pub companies, which own the vast majority of British pubs and often force their licensees to buy beer only from them, are distorting the market. As we consider their devastating impact, let us remember that 57% of Britain’s pubco publicans, people who often work among the longest hours of anyone in our communities, earn less than £10,000. The Federation of Small Businesses, brilliant advocates but hardly Marxist radicals, found in 2013 that a mandatory rent-only option would generate £78 million for the UK economy, that 98% of respondents would have more confidence in the success of their pubs and that almost 10,000 would take on extra staff or give their staff extra hours of work. Hon. Members will know that the FSB does not propose additional regulation lightly.
My own Chesterfield pubs survey mirrored many of those encouraging statistics, but also sounded a deadly warning about the cost of inaction, with many pubs saying that they were on the brink of closure and that increased rents and beer prices were key issues. This morning, the British Beer & Pub Association claimed that tied tenants’ pubs were cheaper, but that is far removed from the reality that people see in their community. At The Nags Head in Dunston in Chesterfield, I dealt with a Marston’s tenant who was competing with Marston’s managed houses just across the road that were selling the same product at up to £1 a pint less. The big pub companies and the BBPA will tell us, “Yes, there is the odd problem, but it is not typical.” They say, “You can’t offer general criticisms. We need to know about specific cases.” However, when we bring them specific cases they say, “Well, that’s just a one-off.” It seems that no evidence is good enough for them to recognise the reality of what people are seeing in their pubs. The BBPA and the pub companies are saying, “Mainly it’s just people who have failed in their businesses wanting to blame someone else.” I do not think that stands up to any sensible scrutiny.
Many businesses and industries have undergone tough times, particularly in the past five years or so, but they have not all universally claimed that they have been misled by their suppliers. Corner shops have closed, but MPs are not besieged by former Londis or Spar shopkeepers claiming they have been ripped off by Londis or Spar. People in business generally know the difference between tough market conditions and plainly misleading practices.
On that note, the BIS consultation last year was sobering reading for anyone who thought that the threat of regulation would cause the industry leopards to change their spots. It told of a married couple who produced a careful budget plan before signing a lease, only to find on the day they received the keys that their pub company increased the prices, meaning the couple can only afford to pay themselves one salary. We also heard about the couple who ploughed—
Mr Speaker
Order. May I say gently to the hon. Gentleman, to whose speech I am listening with close attention and great interest, that I know he will want to take into account the fact that several hon. Members on both sides of the House also wish to take part?
Toby Perkins
That has been preoccupying me for several minutes, Mr Speaker. None the less, I would not like the couple who ploughed their life savings into acquiring a pub only to find the agreed credit order with their pubco was unilaterally withdrawn, leaving the business in ruins, to be left out of my contribution. I am glad that they found their way in.
Our motion calls for three key steps to be taken that will ultimately lead to a better future for Britain’s boozers. First, we need a mandatorv free-of-tie option. The beer tie, whereby landlords can buy products only from their pubco, works for some licensees, but for many others it means that they can buy only limited products at inflated prices. We want every landlord to have the choice of whether to go free of tie. The hon. Member for East Dunbartonshire (Jo Swinson), whom we all miss terribly, although she will be back with us soon, has previously said that she is
“committed to stamping out abuse of the beer tie”.
Clearly, there is only one way to do that.
The Government have previously committed to the principle that no landlord should be worse off than they would be in an otherwise free-of-tie pub, but the behaviour of the pub companies suggests to me that that will not happen without allowing the market to decide. Members who are worrying that such a measure would go against their free market principles should have no fear. What the pubcos are defending is an old- fashioned closed shop, whereas what we are proposing is a genuinely competitive market solution that stands up for the rights of the small entrepreneur.
Secondly, we need independent rent reviews. When a new licensee takes over a pub, or when an existing rent contract expires and is renegotiated, there should be a fully transparent and independent rent review, completed by a qualified surveyor. That would deal with so many of the horror stories that we have heard in this debate and previously.
Finally, there must be a truly independent body to monitor the regulations and adjudicate in disputes between licensees and pubcos. There is little confidence in how PICAS, the Pubs Independent Conciliation and Arbitration Service, or PIRRS, the Pubs Independent Rent Review Scheme, are operating, with many of the people going through the PICAS process unhappy with the outcome.
Those are our tests, which are grounded in the principles of building a market that works, with rules to prevent restrictive practices and big companies unfairly using their size in an uncompetitive way. I know that Members across the House share this vision, so let us unite today behind this vital British industry and this vital British institution, and deliver the change that publicans, licensees, business groups, trade unionists, beer enthusiasts and the great British public are crying out for. I commend the motion to the House.
Vince Cable
That was the purpose of the Government consultation. Statutory regulation was necessary, and we consulted on how to do it. We are now evaluating the results of that process. The House will soon hear our conclusions on how to take the matter forward.
Let me repeat my appreciation for the work that has been done by Members from all parts of the House. I also thank the Business, Innovation and Skills Committee, whose Chairman is here, and the various campaigning groups for their work on the matter. It would not be amiss to single out Fair Deal For Your Local, which is the campaign that has been mobilised by my hon. Friend the Member for Leeds North West (Greg Mulholland). As part of his campaign, he has brought together CAMRA, the Federation of Small Businesses and the GMB union as well as various other groups. We are talking about local and national groups across industry and across the country.
Toby Perkins
I am grateful to the Secretary of State for giving way and for what he said about me being a statesman. If I may, I will press him on the timetable issue that has been raised. If he accepts that statutory regulation of some sort is necessary and the consultation overwhelmingly supports the majority of such aspects, will he at least commit to some sort of legislative action in the next Queen’s Speech, and will he say that we will not get to the end of this Parliament with nothing having changed?
Vince Cable
I cannot really add to what I have already said. The hon. Gentleman knows that we are following a process. I am conscious of the legislative timetable, and he will remember—indeed it is the whole purpose of this debate—that the Government did not consult in an open-ended way over this question; we consulted on a specific proposal to introduce statutory regulation, and that is what we are responding to. Although I am conscious of the legislative timetable, I will not give a specific date on which this report will be concluded.
Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
This is a debate that I never thought we would need to have again. Last year, we were given assurances that a statutory code would be introduced; a year later, there is still no sign of it. The motion reflects the sense of exasperation felt by Labour Members—and perhaps privately by many Government Members—about the lack of progress on this issue.
Toby Perkins
Does my hon. Friend share my fear that we will potentially be back here another year to have yet another debate? I am pencilling that into my diary.
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.
Greg Mulholland (Leeds North West) (LD)
I cannot say that it is a pleasure to take part in the debate. I echo the comments made by the hon. Member for West Bromwich West (Mr Bailey), the Chair of the Business, Innovation and Skills Committee. I pay tribute to him, to his predecessor, the hon. Member for Mid Worcestershire (Sir Peter Luff), and to his Committee for their excellent work. It is a stunning example of a Select Committee. Like the hon. Member for West Bromwich West, I would rather we were not having another debate on pub companies. If we have to have one, I would rather that we were voting on Government proposals that do what the Committee has said the Government should do since 2011.
We will have to have at least one more debate on pub companies—I have shared that with the hon. Member for Chesterfield (Toby Perkins). When we have the response, we will need to bring it before the House and show that the majority of hon. Members support not only action but the only sensible and obvious action, namely the Committee’s suggestion of a market rent only option.
It is important to remember the history of pub companies. Let us be clear that we are debating pubcos because of the concerted lobbying of a number of organisations. Last year, I was pleased to bring those organisations together under the banner of the Fair Deal for Your Local Campaign. Those 10 organisations—the Federation of Small Businesses, the Forum of Private Business, the GMB, the Guild of Master Victuallers, Fair Pint, the Pubs Advisory Service, Justice for Licensees, Licensees Supporting Licensees, CAMRA and Licensees Unite—have a membership of more than 2 million people. The campaign is now supported by no fewer than 206 MPs on both sides of the House. It is supported by the whole Opposition, so there is a clear majority for action.
I pay tribute to one MP who was a supporter of the Fair Deal for Your Local Campaign—the wonderful Member for Wythenshawe and Sale East, Paul Goggins, who is sadly no longer with us. I thank Paul for his support, which was yet another example of his commitment to social justice and a reform that we need if we are to have a fairer society.
The Department for Business, Innovation and Skills decided in 2011 not to do what we believed it would do. The reality is that we were outdone by some rather dodgy, behind-the-scenes lobbying. That is precisely why we set up the Fair Deal for Your Local Campaign—to ensure that, with the might of the 10 organisations behind us, we could tackle that lobbying head-on, which is precisely what we have done. It was the freedom of information request submitted by the all-party parliamentary save the pub group that outed the lobbying and led to the first debate and the unanimous vote for action.
To be fair to the Department for Business, Innovation and Skills and the Government, the motion in January 2012 said that we must have a consultation in autumn 2012. It appeared that we would not have one, but it happened. The consultation showed what we knew it would show: that the problems are as bad as ever and that self-regulation has failed. The response was the debate a year ago and the announcement of the consultation.
As someone who has campaigned on pub companies for something like six or seven years, I of course share hon. Members’ frustration. I am more frustrated than anyone and wish that the Government had responded by now, but they have not. The only reason that I shall support the amendment is that, as the Chair of the Business, Innovation and Skills Committee has said, there has been last chance after last chance for the industry, so the Government should have a last chance to act. This is that last chance. I assure the Chair of the Committee and the House that if the Government do not announce swiftly that they will back the Committee’s solution, and in a time frame that allows for legislation, they can be assured that I will lead the criticism most loudly, because it is so long overdue. That is where we are and I hope we will get a decision as soon as possible. What we are seeing from the rather desperate lobbying by industry sources are the death throes of an unjustifiable and unregulated business model, and the last sorry chapter in one of the worst and most shameful episodes of corporate abuse and financial mismanagement that the UK corporate sector has ever seen.
The Secretary of State was right to say that the issue is not the existence of a tied model, and just to correct my hon. Friend the Member for East Hampshire (Damian Hinds), it is not about the abolition of the tie. The Fair Deal for Your Local Campaign is very clear that it is about stopping abuse of the tie. That abuse is endemic because of reckless financial mismanagement, the acquisitions spree and the overvaluation scam that led to huge debts that are the reason why these companies are taking so much of the profit—often 75% and even 100% of pub profits—and stopping tenants and lessees making a living.
This is not about emotion or roses around the door, but cold, hard economics. While average tied rents are higher than free-of-tie rents—it should be the other way around, because the only justification for the tie is that if people agree to pay more for their beer they should pay a lower rent—beer prices go up and up and up, and the increases are above inflation every year.
I am delighted to see the Secretary of State back in his place. Does he know that Punch Taverns, which was the largest pub company, made an astonishing £2.271 billion in 10 years from selling on beer, simply by acting as a middle man, driving the price at the brewery down and selling on to tenants? I say to all my Conservative coalition partners—many are hugely supportive of this campaign, standing alongside the Federation of Small Business and the Forum of Private Business, and understand that this is about freeing up small businesses and giving them a chance—that this is about bringing in market forces. I say to those who are confused that this is not a market place that it working; it is an abuse of capitalism and a twisting of the market.
Toby Perkins
I thank the hon. Gentleman for giving way, though he has moved on slightly from the point I wanted to intervene on. On whether what we are now seeing are the death throes of a shameful part of the history of our corporate world, does he share my astonishment that the big pub companies are making the case that if their customers have the choice not to use them, they will not use them, and that that will cause them to collapse? Can he think of any other industry that would think it was credible to say, “The only reason our customers use us is because they have to, and if they don’t have to, we will collapse”?
Greg Mulholland
As the hon. Gentleman and, I think, many right hon. and hon. Members know, there has been an extraordinary campaign of misinformation on behalf of the big pub companies by their lobbyists the British Beer and Pub Association. I am sorry to say that it includes false statements that have been given even to the Select Committee: false statements about the reality of pub closure figures, and lots of unsubstantiated nonsense about how giving the right to a fair rent—that is all we are talking about; the right to choose whether to have a rent-only agreement—will somehow close breweries, create all sorts of disasters and close pubs. That must be stamped on. I urge all Members to read “Setting the Record Straight” by the Fair Deal for Your Local Campaign, which puts those myths to bed.
Mr Robertson
I am not at all surprised to hear that. I do not know the exact figure, but I do know that that is what has given rise to the problem, to the extent that it is one.
I recognise that there is a problem, and I want us to move on as quickly as we can, to help hard-working people who are keeping pubs going at the centre of communities. There are problems—I want to stress that point—but I want us to come up with a lasting solution that will not make matters worse. There are some benefits to the existing situation—I will come to the weaknesses in a minute. For example, a pubco can allow people who do not have a great deal of capital to enter the trade. They might be unable to afford to spend £300,000, £400,000 or £500,000 on buying a pub outright or to borrow that money. They also get their accommodation basically covered—certainly in most cases—while they run the pub, which gives them some security.
I do not recommend the tie at all, but I am concerned about what would happen to the rent if there were no tie. I am not speaking against reassessing the rent against a market level, but if we do that, what do we compare it with? If we are looking beyond pubs, we might look to McDonald’s, for example, or other franchise organisations. Is that a direct comparison? I am not quite sure how the proposal would work in detail—and of course, the devil is always in the detail. What about the repairing side of the lease? Will people with a fixed market rent be required to do more repairing of the fabric of the building than they are now? I am not throwing those questions out as stumbling blocks or trying to cause a problem, but they need answering.
Toby Perkins
I am happy to help the hon. Gentleman on that. The valuation would be done with transparency against the performance of other pubs. We need much greater transparency in the industry. Under the specific proposals that we have made today, the publican would be able to decide, knowing what a fair market rent was, whether they wanted to throw their lot in with the pub company, on the offer being made, or to opt out and buy their beer from wherever they chose. I hope that has answered his questions.
Mr Robertson
Not exactly, no, because how do we determine what the market rent level is? Is it the level for those with a tie or those without a tie? What about a repairing lease or a non-repairing lease? These are all details that need filling out, but I am not aware that they have been properly addressed. I want to deal with them and to make progress, but I am not sure we are there yet.