Heineken’s pubs and bars business is being investigated by the industry watchdog amid concerns it forced pub tenants on rent-only contracts to buy its beer.
The Pubs Code Adjudicator (PCA) said it had “reasonable grounds” to suspect Star Pubs & Bars – which includes UK pub chain Punch Taverns and has a 2,700-strong estate – may have breached the code by using unreasonable stocking terms on pubs who choose to cut the “beer tie”.
The probe – the first ever for the PCA – covers the period between July 21 2016, when the pubs code became law, and July 10 this year.
Under a “tied” lease, pub tenants must buy a certain amount of beer from their landlords, but they can ask to break free of the tie using a “market rent only” option.
This arrangement means they may still be required to stock the brewer’s beer – but strict limits have been set on how much they are obliged to buy since the pubs code came into effect.
Paul Newby, the pubs code adjudicator, said the PCA “decided to launch this investigation to understand the extent to which the pubs code may have been broken and the potential impact on Star tenants”.
Fiona Dickie, the deputy pubs code adjudicator, added: “Where tenants of a brewer business regulated by the pubs code exercise their right to ask to go free of tie, they may still be required to stock that brewer’s beer or cider within limits set out under the pubs code.
“This investigation concerns whether Star has been going beyond those limits by offering non-compliant terms.”
The PCA will now ask Star’s pub tenants whether the company tried to force them to stock just Heineken keg beer, or an unreasonable volume of Heineken brands or other drinks in which the Dutch brewer has a financial interest.
It will also ask them whether Star tried to influence the retail price of its brands under the arrangement.
It has set a deadline of 5pm on August 7 for responses.
Ms Dickie said: “It is important that Star tenants and other interested parties provide us with information to support this investigation.
“Their information will help us to determine whether the pubs code has been broken and, if so, what further action should be taken.”
Heineken tripled the size of its UK pubs business with the £403 million (€448 million) takeover of Punch in 2017.
- Press Association