Councillor Dudley introduced his motion. He commented a significant number of pubs were under threat, including the North Star in Boyn Hill, the Swan in Clewer, the Barley Mow in Cox Green, the Ark in Riverside and the Red Lion in Oakley Green. Before the banking crisis a number of large pub owning companies were established, managed through aggressive acquisition activity to establish large property estates funded by debt. The banking crisis left them in a highly indebted situation and needing to de-gear to meet banking covenants. The only way to do this was to liquidate assets by letting the business go bust then selling the properties for alternative use. The Pub Code Adjudicator had been established with the aim of ensuring tied tenants would be no worse off than if they were not tied. The beer tie was usually not at market prices. The Adjudicator was meant to break the link between the dry lease (the property) and the wet lease (the beer tie). Sadly the secondary legislation was not working as intended. The motion included a letter to be sent to the government to make the legislation fit for purpose.

Councillor McWilliams explained that the Barley Mow had been located in Cox Green since 1840. It had survived 177 years including two World Wars but now found itself in difficulty. The tenants had been unable to buy beer on the open market without the threat of the rent rising astronomically. The tenants had offered to buy the freehold but had received no response.

Councillor Carroll commented that the North Star in Boyn Hill as also facing possible closure. The motion highlighted the importance of pubs to local communities. Public Health England was starting to evidence the importance of community assets such as pubs in terms of addressing issues such as loneliness.

Councillor Lion stated that pubs had a special place and should be supported. Councillor D. Wilson commented that the issue had been around for some time. Many years ago he had helped the Fir Cone in Norrys Drive in its dealings with Enterprise Inns. Tenants were continually suffering because they could not make sufficient profits to enable them to buy the freehold.

Councillor Brimacombe commented when the business model was so onerous you ended up with only one type of pub, when pubs should reflect the character of the local community.  He suggested the letter should highlight the council was a vanguard authority and should show the way for a national issue.

Councillor Bicknell commented that this was a national issue and British people were entitled to a pint. The secondary legislation was not working. Windsor had pubs going back to the time of Nell Gwynne. The council needed to be more forceful with Ministers on this issue.

Councillor Jones commented that she was delighted to support the motion. she was aware of the issues as her parents had run a pub for over 20 years. Running a pub used to be ‘work hard, play hard’; now it was just ‘work hard’. A number of pubs had been lost in the last 10 years including the Queen, the Wolf, the Bell, the Rising Sun and the Lord Nelson.

Councillor Werner commented that the Merlin went years ago and the Golden Harp had been turned into a Tesco store. The tenant of the Crauford Arms had been supported by the council and residents to purchase the freehold. Mark Newcombe had run a very successful campaign. Councillor Werner suggested the tenants of the Barley Mow should be put in touch with Mr Newcombe. 

Councillor Coppinger highlighted that the Borough Local Plan included tightening controls to make it more difficult for pubs to be closed and turned to other uses.

Councillor Stretton fully supported the motion. She questioned why the letter would not go straight to the Secretary of State. It was confirmed that Richard Harrington MP was the Parliamentary Undersecretary with responsibility for the Pub Code. The letter would also be copied to the Windsor MP.

It was proposed by Councillor Dudley, seconded by Councillor McWilliams and:

RESOLVED UNANINMOUSLY: That this Council:

i)  Is concerned that The Pubs Code Adjudicator is failing to tackle the financial unbalance suffered by tied tenants in its borough and around the country.  

ii)Notes that the case of The Barley Mow demonstrates clearly that, in its current format, the secondary legislation is not fit for purpose, as it is clearly unable to offer tied tenants a simple and easy path to severing their tied terms, as was the intention of Parliament.

iii)Requests the Leader of the Council to write to Richard Harrington MP, urging him to take this issue to the Secretary of State, Greg Clark MP, copied to Theresa May MP, so he can take the necessary steps to make the legislation work, as a matter of urgency