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Pubs Adjudicator Stitch Up

Thursday, March 10, 2016

GMB Comment On Appointment Of Paul Newby As Pubs Code Adjudicator

Appointment of adjudicator with Pubcos as clients is the ‘mother of all stitch ups’ says GMB.

GMB, the union for tied pub tenants, commented on the announcement by the Department for Business, Innovation and Skills that Paul Newby has been appointed as pubs code adjudicator who has responsibility for enforcing the Statutory Pubs Code. See notes to editors for copy of the press release from BIS.

Steve Kemp GMB National Officer said: “This appointment of Paul Newby is the ‘mother of all stitch ups’. A person who has close links to the pub companies Enterprise Inns and Punch Taverns is bizarre and totally unfathomable.

An adjudicator is someone who needs to be impartial and without baggage closely linked to the pub companies as Mr Newby does as a director of Fleurets, a company that has Enterprise and Punch as clients.

The Government has failed miserably at the first hurdle and GMB calls on the Government to undo the first stitch and re appoint somebody much more suitable to the job of adjudicator.”

Ends

Contact: Steve Kemp 07730 898102 or GMB press office on 07970 863411 or 07739 182691

Notes to editors

1 BIS Press release dated 10th March 2016

PUBS CODE ADJUDICATOR APPOINTED

The Secretary of State for Business, Innovation and Skills, Sajid Javid, has appointed Paul Newby as Pubs Code Adjudicator (PCA). The PCA will have responsibility for enforcing the Statutory Pubs Code.

The Pubs Code will govern the relationship between large pub-owning businesses and their tied tenants in England and Wales.

Business Minister Anna Soubry said:

“I am very pleased to be able to announce Paul Newby as the independent Pubs Code Adjudicator. He has a wealth of experience in arbitration and is sensitive to the challenges that the pub industry faces. The Pubs Code will ensure the 12,000 tied tenants of the six largest pub-owning companies can secure a fair deal and a better livelihood.”

Paul Newby has been appointed following open competition for the role. He said:

"My role as a Chartered Surveyor in the pubs sector for over 30 years has given me an in-depth knowledge of the property market and prevailing business models. I have advised on rents, rent reviews, lease renewals and landlord and tenant issues, as well as being involved in dispute resolution across these areas as an expert witness, arbitrator and independent expert. These involvements have included advising both tied pub tenants and pub company landlords. This along with my experience of Code of Practice accreditation provides me with a balanced view of the stakeholder interests. I believe this will assist me in implementing the Pubs Code and creating effective relationships in the Adjudicator role."

Paul Newby will take up his role on 2 May 2016 in line with the Government’s commitment to introduce the Statutory Pubs Code by the end of May 2016. He will be based in Birmingham.

As PCA Mr Newby will have powers to arbitrate individual disputes about breaches of the Pubs Code, including disputes on rent and market rent only options, and to provide redress. He will also investigate suspected systemic breaches of the Code more widely across the sector – and to impose sanctions, including financial penalties. Alongside this he will provide advice and guidance about the Code.

The Government has also today announced a £3.62 million support programme to help people take control of their local pubs. This jointly funded programme between the Department for Communities and Local Government and the Power to Change Trust will help community groups take over the running of their pub from early stage advice to a wrap-round package of grants and loans.

Community Pubs Minister Marcus Jones said:

“Paul Newby is an excellent appointment which will hugely improve the relationship between landlords and tenants and help to cement the Great British pub at the heart of our local communities.”

Notes to editors

1. Biography of Paul Newby –

From 1969 to 1977 Paul Newby attended Solihull School, where he is now a Governor, with primary responsibility for the School’s property endowment. Subsequently in Sheffield he obtained an Honours Degree in Urban Land Economics, graduating in 1981. Paul qualified as a Chartered Surveyor in 1983, and was appointed a Fellow of the Royal Institution of Chartered Surveyors (RICS) in 1993. He has worked in private practice for more than 30 years, the majority of that time in the public house, hospitality and leisure markets. Paul qualified as a Member of the Chartered Institute of Arbitrators in 1996, and has been a member of the RICS President’s panels of Arbitrators and Independent Experts since 2001 and 2003 respectively. He is an RICS Registered Valuer and an RICS Accredited Mediator, a co-author and panel member of PIRRS and served on the BIIBAS Code of Practice Benchmarking Committee from 2010 to 2015.

2. The Small Business, Enterprise and Employment (SBEE) Act 2015, requires the Secretary of State to introduce a statutory Pubs Code. The Code will govern the relationship between large pub-owning businesses (those that own 500 or more tied pubs) and their tied tenants. The Act also provides for a new independent Adjudicator to enforce the Code. The Code and Adjudicator measures will be introduced through secondary legislation.

3. The Government consultation on the pubs code closed on 18 January 2016. A full response will be published in due course.

4. All appointments are made on merit and political activity plays no part in the selection process. The appointee Paul Newby has not been involved in any political activity in the last 5 years.

5. This appointment is made in accordance with the code of practice for the Office of the Commissioner for Public Appointments (OCPA). The appointment is made for an initial term of 4 years.

6. Paul is currently serving his notice period with his current employer, and is therefore not accepting media requests prior to taking up the Adjudicator’s role in May.

7. For more information on the £3.62 million community pub support package, please contact Amina Makele at the Press Office for Department for Communities and Local Government – amina.makele@bis.gsi.gov.uk or Newsdesk number 0303 4441201

Department for Business, Innovation & Skills
1 Victoria Street, London SW1H 0ET
Press enquiries +44 (0)20 7215 5951 | (Out of hours) +44 (0)20 7215 3234/3505 | Public enquiries +44 (0)20 7215 5000
Textphone +44 (0)20 7215 6740 (for those with hearing impairment) | Press Office fax +44 (0)20 7222 4382
www.gov.uk/bis

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