Regulation 62 Adjudicator’s determination during referral of a dispute

(1)

This regulation applies where—

(a)

a tied pub tenant has referred a dispute between the tenant and a pub-owning business (“P”) to the Adjudicator under section 48 of SBEEA 2015; and

(b)

there is evidence before the Adjudicator which suggests that a group undertaking (“U”) in relation to the pub-owning business—

(i)

discharges, has discharged, exercises or has exercised, influence over any of P’s obligations under the tenancy or licence to which the dispute relates; or

(ii)

is responsible for, or exercises influence over, the terms of that tenancy or licence, the financial arrangements, the charging policies or any other administrative, managerial or executive decisions of P, which affect the tied pub tenant,

in a way which is relevant to the dispute.

(2)

Where this regulation applies, the Adjudicator may determine that U is to be treated as a pub-owning business, as well as or instead of P, for the purposes of the arbitration.

(3)

Before the Adjudicator makes a determination under paragraph (2), the Adjudicator must consider representations from U.

(4)

The Adjudicator may disregard a request from a tied pub tenant for U to be treated as a pub-owning business, where—

(a)

U is not identified by the tenant in such a way that the Adjudicator is able to establish U’s name, business address and its relationship with P;

(b)

the tied pub tenant has not notified U in writing of the dispute; or

(c)

the tenant has not forwarded a copy of the request to U.