PCA approves Declaration by POBs to preserve Pubs Code rights for tied tenants
Subject to Parliamentary approval on lockdown measures the PCA has approved a Declaration by all of the regulated pub-owning businesses (POBs) to be in force from 05 November to 02 December 2020.
This Declaration is on identical terms to and has the same effect as that agreed by POBs and was in place between March and June 2020 during the first period of pub closures. The Declaration period will run from 05 November 2020 to 02 December 2020 inclusive, subject to review.
Tenants can access a summary for what it means for them in practice here.
The POBs have advised that they are urgently considering the impact on of the lockdown and extension of furlough arrangements on their businesses and that they either cannot or may not be able to comply with all of their Pubs Code duties. The Declaration, signed by Directors of all the regulated POBs, again serves to protect certain tenant rights during this latest closure without burdening them with the need to initiate arbitration proceedings themselves.
It effectively stops the clock from 05 November 2020 on some significant Code deadlines that apply to tenants making arbitration referrals during this emergency period, and provides safeguards relating to specific MRO rights. This does not however prevent a tenant from taking Code steps during this period if they so wish.
These arrangements provide additional protections and expressly do not prevent any tenant from taking any available Code step to access their rights should they choose to do so.
As in March, we have given advance notice to tied pub tenant representative groups about these measures. We will continue to engage with the POBs to ensure that they return to usual processes as soon as possible, and that tenants can continue to benefit from their Code rights. As regulator all the PCA’s statutory enforcement powers continue to exist. The PCA will be working tirelessly to promote and protect the Code rights of tenants and will take further measures if these prove necessary.
The previous Declaration which ran between 16 March and 30 June 2020 can be accessed here.