Pubs Code AdjudicatorClosed
|Body:||Pubs Code Adjudicator|
|Appointing Department:||Department of Business, Energy and Industrial Strategy|
|Skills required:||Legal / Judicial, Regulation|
|Number of Vacancies:||1|
|Time Requirements:||Full Time - though an alternative working pattern may be available with a minimum commitment of 4 days a week but this will require agreement upon appointment.|
Closed for Applications
Final Interview Date
The Small Business, Enterprise and Employment Act 2015 (SBEE Act) requires the Secretary of State to appoint a Pubs Code Adjudicator. The PCA’s primary role is to govern the relationship between pub owning businesses and their tied tenants and to enforce the Pubs Code.
The Adjudicator’s powers include:
- giving advice and guidance;
- investigating non-compliance with the Code and consider which, if any, enforcement measures should be taken; and
- arbitrating disputes under the Code and award redress if a breach is proven, including arbitration of rent disputes.
The Adjudicator also raises awareness of the Code and the Adjudicator’s role amongst tied tenants and the pub-owning companies in scope of the Code.
The Adjudicator is expected to make evidence-based and fair decisions backed up by well-reasoned reports. They must maintain the highest standards of integrity, impartiality and objectivity. The PCA must be independent and should not represent interest groups.
We are looking for people from legal, regulatory or investigative backgrounds who have conducted investigations, mediations and/or arbitrations and provided guidance within a legal framework.
We particularly welcome applications from diverse candidates who meet the selection criteria.
The PCA needs to be able to demonstrate the following skills and qualities:
- The ability to act independently and to be, and be seen to be, impartial.
- Experience of considering complex legal issues, involving the assessment of evidence and application of the law to forming a judgment.
- A track record of resolving disputes requiring strong negotiation, mediation and arbitration skills.
- Excellent communication skills to ensure effective stakeholder engagement across the pubs sector and with government, Parliament and the media.
- Leadership to take a leading role in promoting within the sector the principles underpinning the Pubs Code.
- Leadership and management of diverse teams, including providing effective oversight of budgets and resources.
Desirable experience and knowledge
The PCA would ideally also be able to offer the following:
- UK law, specifically property, contract and commercial law and relevant laws applying to the pubs sector.
- The pub and brewery industry, including the business models operated in the pub sector.
- Property valuation, specifically valuation of pubs and assessment of rent.
- Experience of regulatory interventions, including the conducting of independently led investigations in a commercial environment
The Pubs Code came into force in July 2016 and was introduced to address concerns about the unfair treatment of tied pub tenants: those who pay their pub-owning company a below-market property rent and in return agree to purchase their alcoholic drinks (and sometimes other products and services) from the company at above wholesale prices. The tied arrangement should, in principle, promote a fair share of risk and reward between the pub company and the tenant, as they have a shared interest in maximising sales at the pub, as well as providing pub company support for the tenant. However, investigations by the BEIS Select Committee and its predecessors raised increasing concern that tied tenants were paying above market rates for the rent of their pub as well as inflated prices for drinks, and that voluntary regulation was not working effectively to ensure they were being treated fairly.