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Saturday, August 13, 2016

FAO ALL PUB TENANTS: DON'T WASTE THE POWERS WE'VE WORKED SO LONG FOR

MUST say, because it should be acknowledged: The York Press do the most joined up and comprehensive coverage of what is happening to pubs, anywhere in the country. Down in a large part to Gavin Aitchison I reckon but excellent that a regional/local press should be so on top of a subject that affects everyone in the UK while the rest of the press is basically is ignorant at the level of 'you should have used it if you didn't want to lose it' on pub closures.

This article linked to here in York Press is by a very good friend who's also a publican, Paul Crossman. YOU should read it. Everyone should. AND if you know a publican, anywhere, tell them about The Pubs Code, and about Market Rent Only option for Tied Pub Tenants and about Paul's article. It could save their business and YOUR Local Pub:

FAO ALL PUB TENANTS: DON'T WASTE THESE POWERS WE'VE WAITED SO LONG FOR

Paul Crossman in his Punch tied pub the Swan, York



Absolutely crackingly well informed article by Paul Swan York (Crossman). It's very unusual to read commentary on the pub sector that has such accuracy and authority and this is because coverage is usually done by journalists paid by the article and much research is needed to get a grip of what is, as Paul has described so well here: essentially a simple situation where thousands of publicans (and the national communities they serve) have been systemically robbed blind by their 'pubco' freeholders... People whose business model is driven by private equity greed to extract so much profit from every last one of their pubs that they are fall into chronic dilapidation which leads to business failure and the property being unfit for purpose, suitable for alternative use. This is all done so the pubco CEO and boards of directors can pay interest on the debts they raised to buy 'their' pubs in the first place and, of course, to justify the enormous salaries and performance related bonuses they earn for reducing the size of their estates and having a business plan which is to asset strip the rest of Britain's pubs while they can.

The reason Paul writes do fluently a about the situation is that it's his subject. Tied lease pub owners HAVE to be lawyers, accountants, book keepers, model employers, cellar trained weight lifters, silver tongued raconteurs, psychologists, psychiatrists, philosophers, counsellors, purchasing and budget setting experts, brand ambassadors, sales and retail experts as well as journalists to get their message across... After all it's THEY who make ALL the money that oils the wheels of the WHOLE of the rest of the pub sector from every brewery to the school fees the pubco CEOs pay, all of the money is generated across the bar in fine pubs like the three great examples of Community Locals that Paul Crossman operates and, usually these marvellous people we call publicans are the last people who are asked anything about what's going on in the pub sector...

What Paul has described is the Great British Pubco SCAM (the #GreatBritishPubcoScam in social media parlance). It's everywhere it's working its poison on several pubs near you wherever you are in the UK and we ain't seen nothing yet. If YOU know a publican ask them if they're 'tied' and tell them about The Pubs Code and about #MRO Market Rent Only and tell them about this article...

Paul's so good on the subject because he's an absolutely exceptional licensee and publican - he's turned previously definitely failed suitable for alternative use ex tied Pubco asset stripped pubs into thriving Local Social Hubs again. He also has a fantastic tied pub... That's fantastic because he is the operator, not the pubco. He knows what he's talking about.

1 comment:

  1. I note that both the article and your piece link to the PAS. They seem to be giving erroneous information on tenancies at will here - https://twitter.com/PubsAdvisory

    So far as I can see there is nothing in the code that compels a landlord to offer a TAW a substantial (sic) agreement after 12 months of occupation. The 12 months is merely a trigger point at which the TAW becomes subject to the entirety of the code. The tenant can then exercise whatever rights he chooses, but will still be a TAW subject to a minute's notice.

    The Adjudicator has published a series of handy guides of which this one deals with short tenancies.

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/538893/pubs-code-factsheet-10-short-agreements.pdf

    It's probably also worth pointing out that the PAS as members of the BPC will be recommending their "members" (it's not a properly constituted membership organisation, but a private, single shareholder, single director company, dormant as at February 2015) not to recognise the current Adjudicator which will probably delay any complaints under the code even further.

    Other advisory bodies which don't seem to be as exercised about the Adjudicator- ALMR, BII, FLVA.... - are available!!

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