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 6 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 (10 March 2016) 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.