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British Beer Pub Association BBPA

Background and History

Known as the drinks and hospitality industry's oldest, largest, and most influential trade association, the British Beer and Pub Association (BBPA) was formed in the United Kingdom in 1904 as the Brewer’s Society. Later, it changed its name to the Brewers and Licensed Retailers Association before finally becoming the British Beer & Pub Association in 2000. The BBPA is located at the Brewers' Hall in London. 1

 

The BBPA is the political voice of the pub industry and represents about 20,000 pubs in the UK. It deals and lobby legislation related to a number of issues in the pub industry such as taxes on beer and other business costs. The BBPA also represents the pubs in the UK by promoting the interest of the pub industry, its growth and development, and the consumption of the industry product which is beer. Members include international companies, and local family and individual brewers, which accounts for 96% of the beer brewed in the United Kingdom. Membership with the BBPA mandates the adherence to the Pub Sector - England & Wales Tenanted Code of Practice and the Independent Family Brewers of Britain (IFBB) for their self-regulation.2 The BBPA offers its expertise on different issues related to the operation of the business and compliance with legislation, and offers low cost arbitration of disputes.

 

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BBPA and The Code of Practice

The signatories to the code is composed of 33 companies. The Code of Practice provides for the minimum requirements for the operation of tied pubs by companies with less than 500 tied pubs. For companies with 500 or more tied pubs, these are governed by statutory legislation which is the Pubs Code and Adjudicator Regulations 2016. The said code is supervised by the Pub Governing Body to which the BBPA is also a member. The code has replaced the Industry Framework Code Version 6 and the previous individual company codes. The code is mandated to be displayed by the companies in their tenanted/leased section of their websites. 4

The code provides for the standards for landlord companies with their relationship with tied tenants. The terms therein provide for the industry requirements for letting of premises, rent reviews, agreement renewal, interaction with landlord, operation of amusements with prizes (AWP), use of flow monitoring equipment, complaints procedure, and surrender of tenancy. 5

Similar to the Federation of Licensed Victuallers Associations (FLVA), the BBPA covers tied tenancy agreements and tied contracted out tenancy agreements. Tied tenancy agreements have a period of 3 to 5 years, wherein the tenant is tied for a range of drinks with the pub owning company that will provide the structural upkeep of the leased property and additional services. On the other hand, tied contracted-out agreements are for fixed terms, and cannot be renewed for a further fixed term. Companies will specify if there is a process by which a further contracted-out agreement may be granted. Usually the agreement terms with the company shall be expressed as subsequent terms are not required to be “contracted in”. 6

The Code of Practice does not cover temporary agreements or tenancies at will (TAWs) which are short term agreements that can be terminated at short notice, and are executed temporarily to cover for longer term agreements that are about to be finalized. Companies are required to make clear in writing that the tenant is taking on a temporary agreement, and is therefore not covered by the Code of Practice, for agreements with a period of one year or less. 7

 

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Membership with the BBPA

Pubs are encouraged to join the BBPA to ensure full compliance to legislation, licensing requirements, and other requirements related to the operation of pubs. The BBPA as a member of the Pub Governing Board shall also ensure that new members will only join or be tied with companies which subscribes to the Code of Practice and the statutory code. Membership with the BBPA also ensures that members are provided adequate support and guidance with regard their tenancy agreements. 

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References:

1. ABOUT US. British Beer & Pub Association. https://beerandpub.com/about/

2. Family Brewers Champion Transparency with New Code of Practice. Family Brewers. 12 July 2016. http://www.familybrewers.co.uk/search/news-case-studies/item/132-family-brewers-champion-ttransparency-with-new-code-of-practice.

3. Pub Sector - England & Wales TENANTED Code of Practice (1-499 Tied Pubs). Tenant Code. https://www.fullers.co.uk/-/media/mainsite/pdfs/tenancy-downloads/fullers-tenancy-code-of-practice-2016.pdf?la=en.

4. Pub Sector - England & Wales TENANTED Code of Practice (1-499 Tied Pubs). Tenant Code. https://www.fullers.co.uk/-/media/mainsite/pdfs/tenancy-downloads/fullers-tenancy-code-of-practice-2016.pdf?la=en.

5. Pub Sector - England & Wales TENANTED Code of Practice (1-499 Tied Pubs). Tenant Code. https://www.fullers.co.uk/-/media/mainsite/pdfs/tenancy-downloads/fullers-tenancy-code-of-practice-2016.pdf?la=en.

6. Pub Sector - England & Wales TENANTED Code of Practice (1-499 Tied Pubs). Tenant Code. https://www.fullers.co.uk/-/media/mainsite/pdfs/tenancy-downloads/fullers-tenancy-code-of-practice-2016.pdf?la=en.

7. Pub Sector - England & Wales TENANTED Code of Practice (1-499 Tied Pubs). Tenant Code. https://www.fullers.co.uk/-/media/mainsite/pdfs/tenancy-downloads/fullers-tenancy-code-of-practice-2016.pdf?la=en.