Licensee’s crowdfunding campaign for Pubs Code legal action

[Quinno]

Gary Murphy, landlord of Ye Olde Mitre in Barnet, is crowdfunding to raise money to help his legal case regarding the poor implementation of the Market Rent Only Option and the lack of effective enforcement by the Pub Code Adjudicator. I have donated and you may also wish to consider doing so. As of writing, there are 11 days left - and the target is within reach.

"15,000 pubs in the U.K.are contractually "tied" to buying their beer from their pub company at sometimes double the price they could pay on the open market. This makes good pubs unviable, individual landlords and landladies bankrupt and restricts product and venue choice for pub goers."

"The Government legislated in 2016 to allow landlords and landladies to break free of the beer tie with these companies. They set-up the Pub's Code and the Pub's Code Adjudicator to manage the process. However, these big pub companies have managed to obfuscate the process and the PCA is ineffective at controlling them. The result is few pubs have gone free of tie because it's virtually impossible to do it."

"I have spent around £15,000 of my own money on legal advice that demonstrates that part of the process has been incorrectly implemented. If we get it working properly, the impact upon tenants seeking to go free of tie and make their pubs work for them and their communities would be massive."

https://www.crowdjustice.com/case/fight-pub-companies/

[sheffield hatter]

I'm in. Thanks for letting us know about this.

[oldboots]

Me too

[Bucking Fastard]

I've pledged,this is worth fighting for.

[Komakino]

A great pub - I've lobbed some cash in too.

[Quinno]

An update!

Update on Fight Exploitation by Pub Companies


I am so sorry to write so soon after the last email, but we have had some big news.


The Pub's Code Adjudicator, who had been refusing to engage with us, has now conceded that there is "force to the argument" on one of the points we have raised and he says he is going to raise it with the pub companies. He has not, however, conceded to the full implications so we have a way to go.


We are seeking to raise a question about the matter in the Houses of Parliament and we have some national press interest.


This demonstrates the power of publicity and crowdfunding and once again many thanks to you for supporting me in holding those involved to account for their conduct.


Gary

[Quinno]

update:

Thank you all again for your contributions.

Just a quick update as a lot has happened in the past week and it looks like we have won the legal arguments. We await confirmation from the PCA.

Clarification came when I got involved in an existing case and everything seemed to fall into place as a result of the line being taken by a Pubco solicitor.

Our legal arguments are now wider than Regulation 28 and the Pub's Code Adjudicator is implicated by an Advice Note he wrote in July 2017. This seems to be at the crux of their error as the Advice Note confuses what is a legal right and what has to be agreed between the contractual parties.

If we are correct then this will be a major error that will have wide implications and could lead to multiple legal claims for tenants.

I will let you all know as soon as we hear from the Pub's Code Adjudicator.

Gary