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Chamber

Meeting of the Parliament (Hybrid) 23 March 2021

23 Mar 2021 · S5 · Meeting of the Parliament
Item of business
Tied Pubs (Scotland) Bill: Stage 3

My amendments 12, 13 and 8 aim to provide clarity for pub-owning businesses and tied pub tenants, who have all raised concerns about the impact on investment in their businesses due to the current wording of the bill. My amendments would ensure that some parameters are set in the detail of the pubs code that will give a limited degree of confidence that investments in sites can continue at this crucial point in the sector’s recovery. As the bill is currently drafted, there can be no protections contained in the code and, crucially, no foresight, beyond the comments of the current minister.

That will create significant problems for pub companies in identifying funding and in conversations with lenders. Both landlords and tenants have said that they have real concerns about the impact on future investment, even if amendments 12, 13 and 8 are agreed to. A degree of uncertainty and investment risk in tied pubs is now inevitable, which is a real shame. At the very least, the amendments will ensure that there must be—not may be—some provisions to enable a return in investment made, without the risk of an MRO being triggered during that time. That is the only difference to the Government’s amendment 9, although the difference is critical.

Since the introduction of the code in England and Wales in 2016, Scottish pubs’ share of Great Britain-wide spend has doubled. If the amendments are not agreed to, that trend could be reversed, putting the Scottish tied-pubs sector at a competitive disadvantage in comparison to the rest of the UK.

As members well know, the whole hospitality sector is currently on its knees and investment will be crucial to aiding its recovery. My amendments seek to give the sector a limited degree of confidence at this time.

I move amendment 12.

In the same item of business

The Presiding Officer (Ken Macintosh) NPA
We move to stage 3 proceedings on the Tied Pubs (Scotland) Bill. In dealing with the amendments, members should have the bill as amended at stage 2, the mars...
The Presiding Officer NPA
Group 1 is on the application of the Arbitration (Scotland) Act 2010 in relation to section 14. Amendment 2, in the name of Andy Wightman, is the only amendm...
Andy Wightman (Lothian) (Ind) Ind
Amendment 2 aims to ensure the operation of an effective statutory arbitration scheme. I am concerned that the scheme as proposed in the bill is not governed...
The Minister for Business, Fair Work and Skills (Jamie Hepburn) SNP
Let me briefly say how far we have come with the bill. At stage 2, more than 300 amendments were lodged, whereas at stage 3 we have 13 amendments to consider...
Neil Bibby (West Scotland) (Lab) Lab
I refer members to my entry in the register of members’ interests and the support that I have received in relation to the Tied Pubs (Scotland) Bill. At the o...
Andy Wightman Ind
I thank the minister and the member in charge of the bill for their comments, and I note the points that they have raised. I acknowledge that perhaps the iss...
The Presiding Officer NPA
Group 2 is on investigation into changes to pub leasing arrangements before the act is fully in force. Amendment 3, in the name of Neil Bibby, is grouped wit...
Neil Bibby Lab
I have lodged these amendments to allow the adjudicator to tackle an issue that has been of concern to the industry and to me for some time, which has taken ...
Jamie Hepburn SNP
I recognise and understand Mr Bibby’s worries about possible avoidance behaviour by pub-owning companies in the period before the code comes into effect. Tha...
Neil Bibby Lab
After lodging my proposal for the bill, I received numerous reports that pub companies would seek to avoid a statutory code by adjusting their operating mode...
The Presiding Officer NPA
Group 3 is on the Scottish pubs code and a requirement to offer a guest beer agreement provided that the beer is produced by a small brewery. Amendment 4, in...
Graham Simpson (Central Scotland) (Con) Con
These amendments would ensure that the guest beer provision could be used only by a small brewer and not by a larger multinational brewer, which would alread...
Jamie Hepburn SNP
The guest beer provisions were the subject of considerable discussion at stage 2, when a number of similar amendments were lodged, voted on and defeated. I m...
Neil Bibby Lab
The amendments in the group seek to restrict the guest beer right to beers from small breweries only, with the definition of “a small brewery” to be set out ...
Graham Simpson Con
I have nothing further to add. On the basis of what has been said, I will not press amendment 4. Amendment 4, by agreement, withdrawn. Amendments 5 and 6 n...
The Presiding Officer NPA
Group 4 is on the Scottish pubs code and the requirement to offer a market-rent-only lease. Amendment 12, in the name of Graham Simpson, is grouped with amen...
Graham Simpson Con
My amendments 12, 13 and 8 aim to provide clarity for pub-owning businesses and tied pub tenants, who have all raised concerns about the impact on investment...
Jamie Hepburn SNP
I welcome the amendments in this group, which concern a part of the bill that is crucial to landlords and tenants. It is clear that that remains the case fro...
Neil Bibby Lab
Under the bill as introduced, the code required pub-owning businesses to offer a market-rent-only lease to a tenant who requested such a lease—there were no ...
The Presiding Officer NPA
Mr Simpson, do you wish to press or to withdraw amendment 12?
Graham Simpson Con
I wish to withdraw it. Amendment 12, by agreement, withdrawn. Amendments 13 and 8 not moved. Amendment 9 moved—Jamie Hepburn—and agreed to. Schedule 2—Sc...
The Presiding Officer NPA
Group 5 is on the Scottish pubs code adjudicator and the power to require information. Amendment 1, in the name of Neil Bibby, is the only amendment in the g...
Neil Bibby Lab
Amendment 1 is a minor and technical amendment. Paragraph 4 of schedule 2 deals with the adjudicator’s powers to require information, and paragraph 4(2) list...
The Presiding Officer NPA
Minister, do you wish to add anything?
Jamie Hepburn SNP
I will briefly commend Mr Bibby’s eagle-eyed nature and urge members to support the amendment. Amendment 1 agreed to. Amendment 10 not moved.
The Presiding Officer NPA
Group 6 is on the Scottish pubs code adjudicator and assistance from the Scottish ministers. Amendment 11, in the name of Andy Wightman, is the only amendmen...
Andy Wightman Ind
Amendment 11 relates to the staffing of the new adjudicator. It would allow for the Scottish ministers to “ensure the provision of” staff in respect of the a...
Jamie Hepburn SNP
The amendment concerns the powers for the Scottish ministers to provide assistance to the adjudicator, including for staff, services or facilities, with or w...
Neil Bibby Lab
Amendment 11 seems to be aimed at ensuring that the Scottish ministers can help to contract services with other bodies to provide support to the adjudicator....
Andy Wightman Ind
I note the comments from the minister and Mr Bibby and I will not press the amendment. Amendment 11, by agreement, withdrawn.