Article 7

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art.7(1) amended by Supply of Beer (Tied Estate) 1997 art.2(a)
art.7(2A) added by Supply of Beer (Tied Estate) 1997 art.2(b)
art.7(3) amended by Supply of Beer (Tied Estate) 1997 art.2(c)
art.7(4) amended by Supply of Beer (Tied Estate) 1997 art.2(d)
art.7(5) added by Supply of Beer (Tied Estate) 1997 art.2(e)

(1)

This article applies, except as provided in paragraph (4) below, to any agreement to which one of the parties is—

(a)

a brewer who holds interests in more than two thousand licensed premises, or

(b)

a member of a large brewery group, and which precludes or restricts relevant purchases.

(2)

Subject to article 8 below—

(a)

the parties to any agreement to which this article applies made before 1st May 1990 shall terminate it before that date—

(i)

so far as it relates to beer of an alcoholic strength exceeding 1.2 per cent, to the extent that the person who is precluded or restricted from making relevant purchases is prevented by the agreement from purchasing from whomsoever he may choose at least one brand of draught cask-conditioned beer selected by him, and

(ii)

far as it relates to beer of an alcoholic strength not exceeding 1.2 per cent or any drink other than beer, to the extent of every provision which precludes or restricts relevant purchases, and

(b)

it shall be unlawful on and after 1st May 1990 for any person to make or carry out an agreement to which this article applies except to the extent that subparagraph (a) above would not require it to be terminated if made before that date.

(3)

In this article, “cask-conditioned beer” means beer which undergoes fermentation in the container from which it is served for consumption; and a person is prevented by an agreement from purchasing from whomsoever he may choose at least one brand of draught cask-conditioned beer selected by him if the agreement imposes any prohibition or restriction on his so doing or if it subjects him to any disadvantage should he do so (including liability to pay as rent, interest or the price of goods or services an amount greater than he would otherwise pay).

(4)

This article does not apply to an agreement made before 1st May 1990 if immediately before that date no party to it is any longer a brewer who holds interests in more than two thousand licensed premises or a member of a large brewery group unless subsequently a party to it becomes or, as the case may be, becomes again such a brewer or a member of such a group.