A PICA-SERVICE HEARING

This related to complaints lodged by Peter Noble the tenant of the Station Hotel, Altrincham,

Cheshire

The Respondents were Star Pubs and Bars Limited

Judge Trevor Barber, chaired the Hearing. The PICA-Service panel was made up by a licensing solicitor, a business development manager, a Pub Company tenant and a Pub Company lessee who is a qualified chartered surveyor.

The complaints briefly concerned alleged failure to complete works contained in the Agreement for Lease, that the premises were not ready for the tenant to trade at practical completion; that the Complainant was charged rent despite the premises not being ready to trade. In addition there was a lack of communication, a lack of flexibility in relation to rent issues and that an insufficient opportunity was given to the Complainant to operate the business before the Lease was terminated.

The PICA-Service panel found from the evidence presented by the parties, that the Respondents did commit breaches of their Code of Practice in respect of:

• Breach of the industry code (2011) in relation to insufficient business advice and documentation being afforded to the Complainant prior to him entering into the Agreement
• Breach of the spirit of the Code in that there was a significant lack of communication and support for the Complainant by the Respondent.

The Complainant was awarded an undisclosed level of damages. A proportion of costs claimed were awarded against the respondent in relation to the complaint.

 More information about PICA-Service PICA-Service comes within the auspices of the Pub

Governing Body having been formed by six of the industry’s leading associations (the ALMR,

the BBPA, the BII, the FLVA, the Brighton and Hove licensee Association and the GMV) in

order to deliver self-regulation to the tied tenanted pub industry. Its mandate is to deal with

technical breaches or breaches of the spirit of the industry framework code of practice, or

breaches of individual pub company (and pub-owning brewery) codes of practice, occurring

after 30th June 2010 – the date the framework code came into effect.

The PICA-Service panel comprises independent experts made up of a diverse group of

individuals including a circuit judge, a member of the Chartered Institute of Arbitrators,

 accountants, solicitors, a barrister, a magistrate, chartered surveyors, licensed trainers,

pub tenants and retired pub tenants, plus brewery/pub Co and retired brewery/pub Co

executives.

More details are available on the PICA-Service website including how complaints should be

lodged.

The PICA-Service website address is: www.picaservice.com