It's time to protect pubs from exploitative PubCos

Too many pub companies force their licencees to buy limited products at inflated prices. But the Tories have consistently failed to act.

I often say that one of the best things about my job is that no two days are the same. But for the first time since I became shadow minister for pubs, I’m getting a strange feeling of déjà vu. This is now the third January in a row I’ve been involved in a grassroots campaign to drag ministers to the House of Commons to talk about supporting British pubs.
 
Pubs need this support so they can get a fair deal. Most people know a favoured local which has been left derelict or transformed into a supermarket. These personal stories are reflected by the national figures. The Campaign for Real Ale (CAMRA) estimates that 26 pubs close each week and that each closure costs the local economy £80,000. Pubs are more than just businesses – they are community hubs, part of the fabric of neighbourhoods which bind us together.
                                                                                                                    
That is why it is so important that we fix the unbalanced and unfair relationship between landlords and the large pub companies (known as PubCos) from whom they rent their premises. In the House of Commons on Tuesday we will be repeating our call for a proper statutory code to govern this relationship and protect landlords.
 
Many landlords used to dream of opening a pub so they could be their own boss and run their own business. Unfortunately this dream is all too often not matched by reality. The PubCos own three quarters of Britain’s pubs and often require their licencees to buy all drinks products from them, at whatever price they determine. There also many disputes about setting of rents on pubs, and even cases where a licencee works hard to increase the profit of their pub only to see this swallowed up in increased rents the next year. The PubCos have been accused of creating perverse incentives to squeeze short-term finance out of their properties rather than promote long term stability. No wonder CAMRA estimates that three fifths of landlords tied to PubCos earn less than the minimum wage.
 
The cross-party BIS Select Committee has investigated this issue several times and has consistently recommended a strengthened statutory code to rebalance this relationship. Such a step is also supported by trade unions and small business groups. However, the Tory-led government has consistently failed to act.
 
A new statutory code would not be a silver bullet addressing all of the challenges that publicans face, but it would certainly make a positive difference.
 
In January 2012, the House voted unanimously to introduce such a code, but the government did nothing. So in January 2013, I called an Opposition Day Debate to highlight this inaction.  Just 24 hours ahead of the debate the government announced a dramatic U-turn and promised finally to introduce the code.  But a year later, despite a lengthy consultation, nothing has changed in legal terms.
 
So next Tuesday we will be debating the issue once again.
 
I will make a genuine offer to work collaboratively to get a code on the statute book to support local publicans.  But any new code must meet three key tests:
 
1. The Beer Tie, whereby landlords can only buy products from their PubCo, works for some licencees. However, for many others it means they can only buy limited products at inflated prices. We want every landlord to have the choice of whether to go free-of-tie. This would allow licencees to operate in a re-constructed market which would actually be more competitive.
 
2. When a new licencee 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.
 
3. There must be a truly independent body to monitor the regulations and adjudicate in disputes between licencees and pubcos.
 
Many Lib Dems privately claim that they are persuaded of the need for these measures, but have difficulty persuading the Tory side of the coalition. I hope we are able to gain enough support from right across the House to ensure that next Tuesday marks the start of a brighter future for this great British industry.
 
The Campaign for Real Ale estimates that 26 pubs close each week. Photograph: Getty Images.

Toby Perkins is Labour MP for Chesterfield and shadow minister for small business

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Meet the MPs who still think they have a chance of defeating Brexit

A crossparty group of MPs believe they have a right to vote Brexit down in the House of Commons. 

The decision on 23 June was final. With the ballots cast, the nation’s voters started the conveyor belt that would take the United Kingdom in only one direction - Brexit. It was independence day, or Brexitpocalypse, depending on your point of view.

But some MPs think differently. A growing handful of of crossparty MPs who backed Remain are now saying they will vote against Brexit if offered the chance. 

With Article 50 yet to be triggered, they still have an opportunity to influence what happens next. But the decision also raises questions about democracy. What is an MP’s role at this point of national crisis? To respect the will of the majority? Or to fight for their individual constituents?

David Lammy, the Labour MP for Tottenham (pictured), has led the charge for a second vote on Brexit.

He points out the referendum was “advisory, non-binding”, and argues it should be up to Parliament to make the final decision

In a series of tweets, he said:  “Our Parliament is sovereign and must approve any Brexit.

“My position is clear. I will never vote for Brexit or to invoke Article 50. On behalf of my constituents and the young people of this country I will not do it. Three quarters of my constituents voted to Remain, and I will continue to stand up for them.”

Lammy isn’t the only one to invoke the will of his constituents. Another Labour MP, Catherine West, represents Hornsey and Wood Green. In Haringey, the overlapping local authority, three quarters of voters chose to Remain. 

West tweeted: “I stand with them on this issue and I will vote against Brexit in Parliament.”

Daniel Zeichner, the Labour MP for the Europhile island of Cambridge, has also pledged to vote Remain. Geraint Davies, a Welsh Labour MP and Jonathan Edwards, from Welsh nationalist party Plaid Cymru, have submitted a formal notice to Parliament demanding a second referendum "on the terms of leaving the EU". 

Perhaps it is not surprising English and Welsh MPs are taking such a stubborn view. Short of following Scotland’s example and demanding London’s independence, they have few other options.

But the MPs’ resistance also brings up a thorny political question. A majoritarian vote is only one part of democracy after all. Constituency MPs and minority protections are also part of the mix. 

There may also be an argument that responsible MPs should act in voters’ best interests - even if that is against the wishes of the voters themselves. 

Speaking in the House of Commons, Tory grandee Ken Clarke noted MPs were yet to actually hear the details of what Brexit Britain would look like. 

He asked the Prime Minister:

“Does my right hon. Friend agree that we still have a parliamentary democracy and it would be the duty of each Member of Parliament to judge each measure in the light of what each man and woman regards as the national interest, and not to take broad guidance from a plebiscite which has produced a small majority on a broad question after a bad-tempered and ill-informed debate?”

It is not a straightforward democratic case. But with two parties divided, a 300-year-old union in jeopardy and the peace process in Northern Ireland under pressure, MPs might be tempted to put the patriot’s argument first.