Regulation 9 Pubs entry training

(1)

Before—

(a)

entering into a new agreement with a tied pub tenant; or

(b)

agreeing, with a tied pub tenant, the renewal of a tenancy to which Part 2 of the Landlord and Tenant Act 1954^f1 applies,

a pub-owning business must advise the tied pub tenant to complete the appropriate pubs entry training.

(2)

The pub-owning business’s duty in paragraph (1) does not apply if the tied pub tenant meets at least one of the conditions in paragraph (3).

(3)

The conditions are—

(a)

that the tied pub tenant operates at least one other tied pub, other than a pub which is occupied under a short agreement, on the day on which the new agreement or the renewal is proposed by the pub-owning business or the tied pub tenant;

(b)

that the tied pub tenant can demonstrate that the tenant has at least 3 years of relevant business management experience;

(c)

that the pub-owning business has, at any time, granted the tenant a tenancy or licence in relation to a tied pub, other than a tenancy or licence in connection with a short agreement.

(4)

“Pubs entry training” means training which is designed to raise awareness of the matters involved in operating a pub and entering into product ties and other agreements with landlords^f2.

Annotations

Footnotes

f1: 1954 c.56. Part 2 was amended by: paragraph 29 of Schedule 1 to the Agriculture Act 1958 (c.71); sections 1 to 14 of the Law of Property Act 1969 (c.59); section 47 of, and Schedule 3 to, the Land Compensation Act 1973 (c.26); Schedule 26 to the Housing Act 1980 (c.51); paragraph 4 of Schedule 33 to the Local Government, Planning and Land Act 1980 (c.65); paragraph 3 of Schedule 13, and paragraph 21 of Schedule 14, to the Agricultural Holdings Act 1986 (c.5); section 149 of, and Schedule 7 to, the Local Government and Housing Act 1989 (c.42); sections 1 and 2(2) of the Landlord and Tenant (Licensed Premises) Act 1990 (c.39); paragraph 10 of the Schedule to the Agricultural Tenancies Act 1995 (c.8); paragraphs 3 and 4(2) of Schedule 1 to the Landlord and Tenant (Covenants) Act 1995 (c.30); sections 35(2) to (4) and 36(1) of the Small Business, Enterprise and Employment Act 2015 (c.26); and S.I. 1990/1285, 2003/3096, 2009/1307, S.I. 2009/1941.
f2: Section 70(2) of SBEEA 2015 defines “landlord”.