PCA publishes factsheet on Code rights for those considering a new tied pub agreement

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Our latest factsheet helps those who are considering taking on a new agreement with a regulated pub company to understand their Code rights

Two hands pointing at information

This new factsheet in the ‘What Tied Pub Tenants Need to Know’ series sets out what a regulated pub company must do under the Pubs Code for those considering entering into a new tied pub agreement (a prospective tenant).

The statutory review of the Pubs Code and our independent research highlighted the importance of new tenants having access to good information to help them make informed decisions. This includes information about their Code rights.

Our factsheet outlines the information a prospective tenant must receive from their pub company, and on which they should take independent professional advice. The pub company must then ensure the prospective tenant has a sustainable business plan, and advise them to inspect the premises and obtain advice from a surveyor with experience in tied pubs. The prospective tenant should also be advised to complete pubs entry training unless they are experienced.

As well as publishing this new factsheet, the Pubs Code Adjudicator Fiona Dickie has asked all pub companies to send introductory letters she has written for prospective and new tenants. These letters will introduce them to their Code rights and the PCA’s role. They also include useful signposting information.

Fiona Dickie talked earlier in the year about the need to ensure new tied tenants go into new agreements with their eyes wide open in her monthly Morning Advertiser column. The PCA continues to work with Code Compliance Officers to make improvements in this area.

If you have any queries about your rights as a prospective or new tenant, speak to your Code Compliance Officer or contact the PCA team at office@pubscodeadjudicator.gov.uk.

Published 28 September 2021




UK ministers appoint new members to Agriculture and Horticulture Development Board

Cereals levy payers Sarah Bell and Stephen Briggs, Beef and Lamb levy payer Colin Bateman and Dairy levy payer Lyndon Edwards bring experience in each of the organisation’s main cropping sectors.

The organisation will also benefit from added legal expertise with the appointment of Dr Catherine Mackenzie, a lawyer with a background in agriculture and digital development, as well as Stephen Briggs’ agroforestry expertise.

The new appointees will help to broaden the organisation’s skill base as part of a commitment to modernising the main board.

All five appointees began their three-year terms on 13 September 2021.

Farming minister Victoria Prentis said:

The new board members bring with them impressive expertise and a wealth of experience from across the agriculture sector.

I’d like to congratulate them all on their appointments and I’m confident that they’ll help us to achieve our objectives of modernising the AHDB and building an organisation that delivers for farmers and growers.

AHDB chair Nicholas Saphir said:

These new appointments reflect our ambition to build a modern, fresh governance structure that puts levy payers right at the heart of everything we do.

This will enable AHDB to deliver an organisation for British farmers, growers and processors while acknowledging the challenges farming faces in the coming years.

Along with the arrival of our new CEO Tim Rycroft on the 31 August, the focus on additional levy payers and skills-based appointments to our board will help AHDB to reduce bureaucracy and deliver better value and outcomes for levy payers.

The five new main board members will receive a non-pensionable remuneration of £11,808 per annum, based on a minimum time commitment of 36 days per year. Reasonable travel expenses are also paid.

These are Ministerial appointments, made jointly by Defra, the Scottish Government, Welsh Government and Northern Ireland Executive.

The appointments have been made in accordance with the Ministerial Governance Code on Public Appointments published by the Cabinet Office. All appointments are made on merit and political activity plays no part in the selection process.

There is a requirement for appointees’ political activity (if significant) to be declared. All five appointees have declared that they have not taken part in any significant political activity in the past five years.

Biographical details

Sarah Bell

  • Alongside working on her family mixed farm in Rutland, Sarah runs her own consultancy business S E Bell Agri Food Ltd, driving and delivering positive change in food supply chains.
  • Sarah has worked closely with academia and business developing practical solutions incorporating data use to demonstrate sustainable farming.
  • Prior to consultancy Sarah worked for Openfield as Head of Supply Chain.

Colin Bateman

  • Colin is a commercial upland livestock producer, with more than 25 years’ experience in the beef and lamb sector following postgraduate studies at Durham University.
  • He has been an AHDB Beef and Lamb sector board member since 2019.
  • His farming business runs to 340Ha and has an on-farm glamping and experiential photo-tourism venture.
  • Colin has a particular interest in cross sectoral integration to build future proof, resilient livestock systems.
  • From 1983 to 2010 he was the Member of Parliament (MP) for Penrith and The Border, England’s largest rural constituency.

Lyndon Edwards

  • Lyndon is an experienced organic dairy, beef and arable farmer with more than 40 years’ experience in the agricultural industry.
  • He holds numerous industry roles and has a passion for sustainable agriculture and developing initiatives to ensure the successful future of the UK agriculture industry.

Dr Catherine Mackenzie

  • Catherine is a lawyer with a background in digital transformation, environment and sustainability and audit/risk management.
  • A Governing Master of the Inner Temple and member of the Bar in five jurisdictions, Catherine has worked with the World Bank, Asian Development Bank and United Nations throughout Africa, Asia, Middle East and North America.
  • As Chair of Audit & Risk Management of the UK Commonwealth Scholarship Commission, Chair of Education of the Inns of Court College of Advocacy, and formerly Chair of the Board of Scrutiny of Cambridge University, Catherine has led major digital/IT projects and large international audits.
  • Catherine lectures at Oxford University, directs studies in Land Economy at Magdalene College and Homerton College Cambridge, and is a Council Member of the Royal Agricultural University, Cirencester.

Stephen Briggs

  • Stephen is farmer, farm shop retailer and lead consultant at AbacusAgri, providing farm business consultancy throughout the UK and internationally for over 20 years.
  • He is head of Soil & Water at Innovation for Agriculture and has previously worked for the Department for International Development, the Food and Agriculture Organization of the United Nations, the World Bank, and private companies in Africa, India & China.
  • He has an MSc in Soil Science and more than 25 years’ experience of developing and implementing effective knowledge exchange – bringing together research, farmer engagement and training, consultancy, policy development work and practical farming.
  • Stephen is also Nuffield Farming Scholar and was awarded the prestigious Bullock Award in 2020 as the Scholar who has most influenced the agricultural industry in the 10 years since his scholarship.

Background:

The Agriculture and Horticulture Development Board (AHDB) is a statutory levy board, funded by farmers, growers and others in the supply chain.

Their purpose is to inspire farmers, growers and industry to succeed in a rapidly changing world. They equip the industry with easy to use, practical know-how which they can apply straight away to make better decisions and improve their performance.

Established in 2008 and classified as a Non-Departmental Public Body, it supports the following industries: meat and livestock (cattle, sheep and pigs) in England; horticulture, milk and potatoes in Great Britain; and cereals and oilseeds in the UK. AHDB’s remit covers 72 per cent of total UK agricultural output. Further information on AHDB can be found at www.ahdb.org.uk.




Transport to unleash the UK’s potential as a world leader in future technologies

  • consultation launched on measures to place the UK at the forefront of cutting-edge transport technologies
  • proposals will lead to even more EV chargepoints that are inclusively designed for all drivers
  • views sought on drones and autonomous vessels that could perform new functions, such as delivering goods and aiding search-and-rescue missions

Measures to safely maximise the opportunities and benefits from emerging aviation technology, including drones, and expanding electric vehicle charging infrastructure across the UK are among a raft of proposals set out by Transport Secretary Grant Shapps today (28 September 2021).

With radical changes in transport expected over the next decade, the government is making sure the right framework is in place to drive innovation, keep people safe and harness the benefits of new technologies right across the country.

Among the proposals being considered are future plans for a robust and expansive chargepoint network that will allow everyone to make the switch to electric, supporting the government’s commitment to phase out the sale of new petrol and diesel cars by 2030. The proposals would support even more chargepoints along motorways, streets and at popular destinations to make them more accessible, as well as helping to ensure they are inclusively designed so they are easy to use by all.

Future of Transport consultation

Seizing opportunities as an independent nation, the UK will also be able to implement tougher environmental standards for new vehicles and capture the benefits of transport innovation and technology development.

Building on the views expressed in the consultation, the government will bring forward final proposals on the Future of Transport, addressing the systemic changes in transport happening due to electrification, automation and new digital and data-driven ways of doing business.

Transport Secretary Grant Shapps said:

This is a hugely exciting time for transport in the UK. On our roads EVs are set to become the norm within the decade, on our seas autonomous and remotely operated vessels will increase efficiency and improve safety, and in our skies drones and novel aircraft will transform the way people and goods move around.

Supporting these innovations will not only ensure high standards for consumers but also create a research-friendly environment so we can continue being world leaders in transport. We will create a safer, greener transport system that attracts investment and supports skilled jobs across the country.

The consultation will also look at how a flexible legislative and regulatory framework could bring new aviation technology to market in a safe, secure and sustainable way. This will create new opportunities in aviation, such as supporting the routine use of drones for deliveries, which will improve accessibility to rural communities, surveying, data collection and search-and-rescue missions. Research suggests that the drone economy alone could be worth up to £42 billion to the UK by 2030.

In maritime, the government is looking to create a comprehensive regulatory framework to ensure that autonomous and remotely operated vessels can be operated safely in UK waters. This will ensure the country becomes the destination of choice for those wanting to develop, test and use autonomous vessels.




Diversity and Inclusion perspective

Jo Lee is a government data scientist and is part of the Analysis Function Diversity and Inclusion group. In recognition of National Inclusion Week starting on 27 September, Jo reflects on her experience of inclusion and how she feels it has prepared her for a career in the Civil Service.

My current role in government is as a data scientist, a highly technical role where I am at the interface between domain expertise and statistical expertise (and some computer science knowledge). It poses an interesting tension where I have one voice for my analytical colleagues who share my statistical expertise, and a different voice for my policy colleagues who want to understand impact and the outcomes on people’s lives. I find that my voice has changed throughout the trajectory of my career.

As a pupil at a state faith school, my voice blended in with the socioeconomically diverse demographic typical of Durham. It was an ordinary school, in one of the more deprived areas of the UK. Unusually for my class, I moved away from the North East for university (to beautiful Edinburgh, if you are wondering). But I was in a place that felt both familiar and safe. It still felt like home.

I then started my PhD at one of the UK’s most prestigious universities. Suddenly my background and my voice were rarities. I was surrounded by peers whose parents were successful academics and many had attended private school. This was very different to my background, and it felt like an in-group I hadn’t realised I wasn’t part of. During those early months, I was overwhelmed by a very different language to the one I had both at school and during my undergraduate. It took me some time to re-discover my voice, and even further work to realise that my voice could (and should) be different to those around me at the university.

In many ways, it was this discovery that has set me in good stead for a move to the civil service. On entering, I was thrown into a workplace with completely new language to learn, full of acronyms particular to the Civil Service. I remember attending my first stand up (no, I didn’t know what that was either) and my Deputy Director addressing the room with a jumble of words that I definitely recognised as English but could make no sense of at all.

My early career was centred around building my voice to speak confidently about analysis, and how to articulate key findings and limitations. (In academia, it’s impossible to hide from the limitations of your work as there will always be a wizened professor at hand to remind you.) On moving into Data Science, another fundamental difference to most of my colleagues is that I’m female and have a soft-spoken northern accent. This means that I bring a very different voice to the table, and one I struggled to exercise around my colleagues who were much more confident in giving their thoughts where I would insist on going back to the literature before committing any opinion. One thing I have learnt, is that often from this position you are more likely to be listened to when you do speak up.

It has taken me some time to develop my voice as a data scientist, and I now believe I have learnt how to use it more effectively although I still have plenty of room for improvement! I have realised that my background is one of my strengths. Like many around me, I’m a civil servant because I like to think I’m improving the lives of our public and one part of that is trying to represent those I grew up with in Durham. In all this, I have worked to build a voice that champions collaboration and tries to continue to represent the background that has built me into the analyst I am now.

Now, I have the privilege of doing this from 10 Downing Street. Our Data Science team is led by a female director who is a brilliant role model, and I have several female colleagues I work alongside. By necessity, my voice has changed once more, as I learnt to work more closely with policy colleagues. They have different expectations and needs from my analysis – ‘How can I use your advice to improve my policy?’ This has pushed me from a more academic interest in evidence, to better evaluate the answer that ‘so what?’ question I often receive. This new challenge reminds me to explore different perspectives and ensure I provide my colleagues with as impartial advice as I can.

I still reflect on my background and the journey that has got me here. I believe it has helped me to start demonstrating how we can push against preconceptions and boundaries, honestly evaluating policy and be willing to be a voice for change. (All very easy to say and very difficult to achieve, but I can aspire towards this!) The change I look for is one where we place evidence at the forefront of decision making and ensure that evidence is reflective of the experiences of our society in the UK, including that school in Durham.

In celebration of National Inclusion Week 2021, the Analysis Function have launched our first inclusion toolkit. Request your copy today by emailing Analysis.Function@ons.gov.uk.




Government seeks views on contingency proposals for certification

The government has today published the policy proposal for mandatory vaccine certification as a contingency measure under the government’s Autumn and Winter Plan.

As set out by the Prime Minister on 14 September, mandatory vaccine-only certification could potentially be introduced in certain settings as part of ‘Plan B’.

However, the government remains confident ‘Plan A’ will prevent the NHS from facing unsustainable pressure and certification will not be required.

In the event Plan B is adopted in response to changing data and unsustainable pressure on the NHS, the government will need to act swiftly and potentially adopt measures, like vaccine certification, at short notice. The government is therefore publishing this detailed proposal now in order to allow time for businesses to prepare.

The government continues to encourage the voluntary use of certification and the NHS COVID Pass.

The government carried out a review into COVID-status certification earlier this year, which concluded that certification could have a role to play in keeping events going and businesses open if the country is facing a difficult time in autumn and winter. The proposal published today draws on the findings of the review, on evidence from the Events Research Programme which trialed the use of certification, and on views from organisations, experts and the public gathered over the course of the review and since its conclusion.

Over 200 events and venues have used certification on a voluntary basis over the summer, including matches in the Premier League, festivals such as the Reading and Leeds Festivals and All Points East, some nightclubs, and the BBC Proms. 11% of people have already been asked to show proof of vaccination or a recent negative test to enter an event or venue, and the NHS COVID Pass on the NHS app provides an easy way to check your COVID status.

The government is asking for views on its proposals by 12 October and in the coming weeks, government officials will be directly engaging businesses and key stakeholder representative groups.

Health Minister Maggie Throup said:

Our Autumn and Winter plan puts us on a sure footing and gives the whole country the best possible chance of living with COVID-19 in the months ahead, without the need for unwanted social and economic restrictions.

The vaccine programme has tilted the odds in our favour in our shared fight against this virus and while we are totally confident the careful steps we are taking will help rule out the need for mandatory vaccine certificates, we need to be prepared for all scenarios.

We know these kinds of contingency plans will only work if businesses and the public get to have their say and I’m urging everyone who could have to use certification: give us your views, give us your ideas.

The government is particularly interested in views from businesses, event organisers, and venue operators that have experience of using certification on a voluntary basis over the summer, and on the proposals for testing or vaccination of their workforce.

The views shared will enable the Government to take into account relevant comments and views, and make any necessary changes.

The proposals published in a policy statement today set out how, if introduced, all visitors 18 and over to the following settings could be required to be fully vaccinated:

  • all nightclubs, and other venues open after 1am with alcohol, music, and dancing;
  • indoor events with 500 or more attendees where those attendees are likely to stand and mix to a significant degree, or move around during the event, such as music venues or large receptions;
  • outdoor, crowded settings with 4,000 or more attendees where those attendees are likely to stand, or move around during the event, such as outdoor festivals; and
  • any settings with 10,000 or more attendees, such as large sports and music stadia. Staff aged 18 or over in settings could also be required to test regularly if they are not fully vaccinated or exempt.

Thanks to the phenomenal success of the vaccination programme, the data continues to show the link between cases, hospitalisations and deaths has weakened significantly. Plan B recognises this success – prioritising measures which can help control the spread of the virus, while seeking to minimise economic and social impact.

The COVID-19 Response: Autumn and Winter Plan aims to sustain the progress made and prepare the country for future challenges, while ensuring the NHS does not come under unsustainable pressure during this period.

Five key measures are being implemented as part of Plan A to avoid the need to deploy Plan B: Building our defences through pharmaceutical interventions:

  • Identifying and isolating positive cases to limit transmission;
  • Supporting the NHS and social care;
  • Advising people on how to protect themselves and others; and
  • Pursuing an international approach

Plans outlined by the government in its Winter Plan include rolling out booster vaccines to the most vulnerable, continuing to offer free rapid lateral flow tests, and backing the NHS with the funding needed to provide care through the winter months.