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Pubs Code and Adjudicator


JFL urges Secretary of State to take responsibility

  

Justice for Licensees has written to the Secretary of State for Business, Innovations and Skills insisting that he now takes responsibility for his department and its policy on the pubs Statutory Code and Adjudicator.

 

We firmly agree with the words of Lord Hewart CJ “it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done” (R v Sussex justices, ex parte McCarthy 1924) (1). We remain concerned over the conflicts of interests perceived by so many of our members (2), with reference to the appointment of Mr Paul Newby as the Adjudicator, with this in mind we have urged the Secretary of State to ensure that a deputy Adjudicator is employed, who has no ties whatsoever to the pubcos that he will surely reside over.

 

 

On the 4th March 2016 The Publican’s Morning Advertiser(3) reported that government had confirmed that the Pubs Code Adjudicator would have retroactive powers, that the Adjudicator would have the power to examine potential breaches by pubcos of the Statutory Code going back as far as March 2015.

On the 8th July 2016 it was reported (4) that the Small Business Minister, Anna Soubry had ruled out making the new pubs code retrospective.

So in short we now have an Adjudicator, whom, in the eyes of the people who have to use the service - the tenants, may well have serious conflicts of interest, who will have retroactive powers on a code that is not retrospective, JFL has highlighted the nonsensical nature of conflicting statements.

 

We have now insisted that the Secretary of State takes overall responsibility for his department and adheres to Governments commitment of retroactive powers, we can think of no justifiable reason why tenants have to suffer further due to the incompetence of his department.

 

The Statutory Code is the will of both Houses of Parliament to date the Secretary of State, his department and his Minister have failed miserably in delivering the will of the Houses, this is not acceptable, the Secretary of State now needs to step up to the plate and take responsibility. The Houses have spoken and the status quo is not acceptable, to the tenants having to endure this rather distasteful debacle this can mean the difference between life and death for their business and their homes, the tenants deserve better from the Small Business Minister.

Ends

 

 

 

 

 

1.       https://docs.google.com/viewerng/viewer?url=https://s3.amazonaws.com/oxbridgenotes/samples/10528/original/BiasImpartialityAndIndependence_sample.pdf

2.      http://www.justiceforlicensees.org.uk/news.php?story=57

3.      http://www.morningadvertiser.co.uk/Legal/Legislation/Retroactive-powers-for-pubs-code-adjudicator

4.      http://www.morningadvertiser.co.uk/Legal/Legislation/Business-minister-Soubry-rules-out-retrospective-pubs-code

5.       

 


Saturday 9th July 2016

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