The Pub Governing Body Board Meeting – England & Wales
Minutes of a meeting of the board of directors of the Company held on Zoom, Monday, 7 February 2022 at 11am
Sir Peter Luff (Chairman) – (SPL) Bill Sharpe – (BS)
Mike Clist – (MC) Jayson Perfect – (JP)
Kate Nicholls – (KN)
Emma McClarkin – (EM)
Andy Tighe – (AT)
Nick Griffin – (NG)
George Barnes – (GB)
Martin Caffrey – (MCa)
James Anderson – (JA)
Fiona Moran – (FM)
The Chairman noted that the meeting had been duly convened, that a quorum of five directors were present in accordance with the Articles of Association and declared the meeting open.
2.Minutes of the last meeting Monday, 25th October 2021
The Chair proceeded with the meeting by requesting that the minutes of the meeting held on 25th October 2021 to be proposed as a true and accurate record. The Board approved the minutes
3.PICA-Service Update of Cases
- FM advised the Board that there had been one potential PICA-Service case, MC and JA gave an update and informed the board that no evidence had been submitted, all evidence must be
submitted at the beginning of the case and confirmed the hearing would take place in
4. PIRRS case update
- FM gave an update on the open PIRRS Cases.
- There is one open PIRRS cases, currently waiting on documents to be returned.
- Three cases have closed since the last PGB meeting, two determined through PIRRS and one
settled out of PIRRS.
- Code of Practice – Update (AT)
- Prior to the meeting AT circulated a copy of the Leased and Tenanted Code of Practice which
has been updated and agreed by BBPA and IFBB, these updates will take effect from April,
and are seen as positive changes and will strengthen the code.
- The lease code, references new best practice guidance developed around dilapidations which
will be circulated with the minutes. AT confirmed to NG that the working committee that
developed the Dilapidations guidance consisted of property experts from BBPA, BII and UKH.
- AT discussed the revised points in the code of practice with the board
- Point 24 – NG commented that he was concerned with the word “recommended” and he would prefer that this be changed to “should”. A discussion was held around this point. It was agreed by the majority that they would rather have the point in the code than not, and companies would not wish to revisit this agreed change. In practice, it was not seen as a potential problem and found it a positive move forward.
- Point 28 – NG – raise the same concern again under this point with regards to the word “recommended”. KN asked what was meant by the “formal binding agreement“ AT confirmed that no level of discussion has taken place yet to specify what it has to look like, but the intent was to be binding on both parties. KN suggest any issues could be picked up in the annual report. MC added that more content has been given in this point, and the idea was ordinarily to use a DOV (Deed of Variation). The board agreed they were happy with the clarity.
- Point 75, 76 and 78 – The board agreed they were all good positive steps and added no comments.
- Point 85,86 & 86 – MCa under point 85 asked if the purchase on the tenants’ fixtures and fittings would be at market value. MC confirmed this would be on full value given by a valuer. KN added for this to be captured in the annual survey, if any evidence of problems, it will be reviewed at that point.
- AT to send FM Guidance for Dilapidations for circulation with the minutes.
- MC raised the concern over the lack of companies using the new PGB logo. AT suggested circulating it again with the new code. NG asked for links to PIRRS to also be included at the same time.
- KN – Discussed with the board the bill going through parliament relating to commercial rent arbitration and would the PGB provide an arbitration service for rent debt cases – a discussion was held.
- KN confirmed that this needs to be discussed separately with UKH and BBPA and to be made as an action point at the next PGB meeting.
- AT – Confirmed with the board that there was not much interest on the FOT going through PIRRS when he had spoken to the pub cos.
- SPL asked how effective the code is, was it working and functioning as it should. MC confirmed that he refers to the code on many occasions and works better than we think. NG and GB were also in agreement and said it was a huge benefit, but more awareness by both the tenants and pub companies is needed.
- MC – Suggested circulating the revised code of practice to each company via email ensuring every tenant receives a copy.
- EM – informed the board that by updating the code this was a perfect time to look at communication and passing this work on through all networks. MC – suggested doing some PR on the relaunch of the revised code.
- AT – to circulate the PGB Trademark with the revised Code of Practice along with links to PIRRS.
- Trade associations to look at the scope for commercial rent debts and for it to be included on the agenda at the next PGB meeting (FM).
- EM & AT to liaise with PGB Secretariat on a press release for the revised code.
- Date and Time of Next Meeting
- FM to send out dates for June for a face-to-face meeting.