DEPARTMENT FOR BUSINESS, INNOVATION AND SKILLS AND PUBLICATION OF THE PUBS CODE

That this House is concerned with the delayed publication of the Pubs Code by the Department for Business, Innovation and Skills (BIS); notes that the Small Business, Enterprise and Employment Act 2015 requires that Code to be in place by 26 May 2016; further notes that this means that BIS is in breach of primary legislation; notes that BIS stated the statutory instruments for the Code were withdrawn due to a drafting error, but that this was incorrect, meaning that the Code was wrongly withdrawn; is outraged that BIS has made no statement in support of tied tenants missing their chance to go free-of-tie for as long as five years due to BIS' mistakes; recognises that the British Pub Confederation estimates that every month that the Code is delayed, 220 tenants will miss out on their chance to pursue the Market Rent Only option enshrined in the Small Business, Enterprise and Employment Act 2015; believes that these tied tenants have a strong case for legal action against BIS; is frustrated that the six pubcos the code will regulate refuse to offer tied tenants an independent rent assessment at rent review and lease renewal after 26 May, in the spirit if the Small Business, Enterprise and Employment Act 2015; and calls on BIS to publicly state that publishing the Code is a priority, to compensate tenants who have missed out on the protections of the Code due to BIS' errors and to call on pubcos to offer an independent rent assessment to tenants.