Regulation 10 Information to be provided to prospective tenants

(1)

Before entering into a lease of a tied pub with a prospective tenant, a pub-owning business must provide to the prospective tenant—

(a)

a draft of the proposed lease,

(b)

a rent assessment statement, in which the rent is valued on the day on which the proposed lease is proposed to begin, otherwise meeting the requirements set out in regulation 12(2) to (5),

(c)

a copy of any dilapidation report prepared in respect of the lease covering the period of the previous tenancy of the tied pub, and

(d)

information about—

(i)

completed repairs undertaken on the tied pub covering the period of the previous tenancy,

(ii)

any repairs required to be carried out at the start of the lease by the tenant,

(iii)

any repairs required to be carried out at the start of the lease by the pub-owning business,

(iv)

any business rates, fees, service rates and other costs associated with the operation of the pub which are the responsibility of the tenant,

(v)

any publicly available reports analysing the trading costs of tied pubs in the United Kingdom, including the costs of the agreements under which such pubs are occupied,

(vi)

any arrangements proposed by the pub-owning business relating to gaming machines at the pub, including details of how income from the machines is to be distributed,

(vii)

advice and support the pub-owning business can provide to tenants and prospective tenants, and

(viii)

sources of independent advice and support for tenants and prospective tenants.

(2)

For the purposes of paragraph 1(vii), the advice and support to be provided to tenants and prospective tenants by the pub-owning business may include advice and support in respect of—

(a)

the capabilities and training needs of the tied-pub tenant and the tenant’s employees,

(b)

licences and any relevant training requirements in relation to those licences,

(c)

brand promotion and merchandising,

(d)

pub promotion and marketing,

(e)

other aspects of business management which are significant, in the pub-owning business’s opinion, to the running of the tied pub,

(f)

provision and maintenance of dispensing equipment,

(g)

the benefits which the tied-pub tenant may expect to enjoy as a consequence of the pub-owning business’s ability to procure and supply products, services and expertise to the tied-pub tenant, and

(h)

the exterior decoration of the premises, the signs, car parks and gardens (where relevant).

(3)

If not already included in the draft lease, a pub-owning business must in addition to the information set out in paragraph (1) provide a prospective tenant with—

(a)

information about—

(i)

processes for dealing with breaches of lease terms,

(ii)

responsibilities and processes for dealing with repairs and dilapidations,

(iii)

how the landlord will deal with complaints and disputes arising under the lease, and

(iv)

the processes which may be followed by the tenant where the tenant considers that the pub-owning business has failed to comply with the provisions of the Code,

(b)

any proposal for the pub-owning business to invest in the pub, and

(c)

the current price list for tied products or services, and any expected changes, including discounts, to these prices within the period of three months beginning on the start date of the lease.

(4)

Where the prospective tenant has not previously leased the pub in question, the pub-owning business must in addition to the information set out in paragraphs (1) and (2) provide the prospective tenant with—

(a)

a description of the pub,

(b)

a description of the licences currently applicable to the pub, and

(c)

information about—

(i)

any enforcement action involving the pub in the last two years (for example, relating to health and safety or planning), and

(ii)

the number of tenants who have occupied the pub during the previous ten years.

(5)

Paragraph 4(c)(i) is subject to any legal requirements placed on the pub-owning business relating to the processing of data.