Regulation 41 Business development managersI1

England and Wales

(1)

The pub-owning business must ensure that each of its business development managers—

(a)

receives a copy of these Regulations before the business development manager liaises with tied pub tenants over any matters relating to the Regulations;

(b)

is provided with appropriate training in relation to the requirements of these Regulations at least once every 12 months; and

(c)

deals with tied pub tenants in a manner that is consistent with the principle referred to in section 42(3)(a) of SBEEA 2015.

(2)

A pub-owning business must provide to its tied pub tenants information about—

(a)

the role of the business development manager; and

(b)

the support and guidance which the business development manager will provide to the tenants.

(3)

Where a business development manager is responsible for conducting rent assessments or assessments of money payable in lieu of rent, the pub-owning business must ensure that the business development manager receives appropriate training before conducting any such assessment.

(4)

A pub-owning business must ensure that the business development manager—

(a)

makes appropriate notes of any discussions with tied pub tenants in connection with—

(i)

rent proposals;

(ii)

rent assessments or assessments of money payable in lieu of rent;

(iii)

repairs to the tied pub premises;

(iv)

matters relating to the tied pub tenants’ current or future business plans;

(b)

provides tied pub tenants with a record of any such discussions within the period of 14 days beginning with the day on which the discussion occurred; and

(c)

requests that the tenant respond to the business development manager if the tenant does not agree with any aspect of the record within the period of 7 days beginning with the day on which the record was received.

(5)

A pub-owning business must specify, in a document published by the pub-owning business—

(a)

its commitment towards the continuous professional development and improvement of its business development managers; and

(b)

how it proposes to fulfil such a commitment, referring where appropriate to relevant qualifications and training.

(6)

A “business development manager” means—

(a)

a person who is employed as such by a pub-owning business; or

(b)

any other person who represents the pub-owning business in negotiations with tied pub tenants in connection with the matters listed in paragraph (4)(a).

Annotations

Commencement

I1: Reg. 41 in force at 21.7.2016, see reg. 1(b)