Enterprise Bill [HL] — Report (2nd Day) — 30 Nov 2015 at 17:37
Amendment 70ZB not moved.
Amendment 70ZC
Moved by Lord Mendelsohn
70ZC: After Clause 25, insert the following new Clause-
“Market rent only: conditions and triggers
(1) The Pubs Code shall require pub-owning businesses to offer a market rent only option to tied pub tenants which fall within the definition in section 70(1)(a) of the Small Business, Enterprise and Employment Act 2015 in the following circumstances-
(a) in connection with the renewal of any of the pub arrangements;
(b) in connection with a rent assessment or assessment of money payable by the tenant in lieu of rent;
(c) in connection with a significant increase in the price at which any product or service which is subject to a product or service tie is supplied to the tied pub tenant where the increase was not reasonably foreseeable-
(i) when the tenancy or licence was granted, or
(ii) if there has been an assessment of the kind specified in paragraph (b), when the last assessment was concluded;
(d) after a trigger event has occured.
(2) A “trigger event”, in relation to a tied pub tenant, means an event which-
(a) is beyond the control of the tied pub tenant,
(b) was not reasonably foreseeable,
(c) has a significant impact on the level of trade that could reasonably be expected to be achieved at the tied pub, and
(d) is of a description specified in the Pubs Code.”
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