Legislation – Enterprise Act 2016

In Part 4 of the Small Business, Enterprise and Employment Act 2015 (the Pubs Code Adjudicator and the Pubs Code), after section 71 insert—

“71AReports on avoidance

(1)

The Adjudicator must report to the Secretary of State on cases of pub-owning businesses engaging in business practices which are, in the Adjudicator’s opinion, unfair business practices.

(2)

A report under subsection (1) must include recommendations as to—

(a)

actions to be taken to prevent pub-owning businesses from engaging in the business practices reported on, and

(b)

how to provide redress for tied pub tenants affected by those practices.

(3)

The Secretary of State must issue a statement within three months of receiving a report under subsection (1) setting out—

(a)

action which the Secretary of State intends to take to protect tied pub tenants affected by the business practices reported on, or

(b)

if the Secretary of State does not intend to take such action, the reasoning for that decision.

(4)

In this section “unfair business practice” means a business practice which—

(a)

is engaged in by a pub-owning business at any time after the passing of this Act in order to avoid, to the detriment of tied pub tenants, the operation of provision made by or under this Part, and

(b)

is unfair.”