Regulation 63 Investigations by the Adjudicator

(1)

This regulation applies where—

(a)

the Adjudicator is conducting an investigation of a pub-owning business (“P”) under section 53 of SBEEA 2015; and

(b)

in the course of that investigation, evidence becomes available to the Adjudicator which suggests that a group undertaking in relation to P—

(i)

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

(ii)

is responsible for, or exercises influence over, 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 investigation.

(2)

Where this regulation applies, the Adjudicator may determine that the group undertaking is to be treated as a pub-owning business, as well as, or instead of P, for the purposes of an investigation under sections 53 to 61 of SBEEA 2015.