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| Version 0 | Version 1 |
|---|---|
| Judge blocks new Scottish government pub laws | Judge blocks new Scottish government pub laws |
| (about 2 hours later) | |
| A senior judge has passed an order preventing the Scottish government from introducing a law to promote fairness between tied pub tenants and landlords. | A senior judge has passed an order preventing the Scottish government from introducing a law to promote fairness between tied pub tenants and landlords. |
| Lord Malcolm issued an interim verdict preventing ministers from enacting The Tied Pubs Scotland Act (2021). | Lord Malcolm issued an interim verdict preventing ministers from enacting The Tied Pubs Scotland Act (2021). |
| The private members bill was brought forward by Neil Bibby MSP and supported by the government through parliament. | The private members bill was brought forward by Neil Bibby MSP and supported by the government through parliament. |
| Mr Bibby said it was "shameful" that pub companies were attempting to block fairer laws and an "insult" to tenants. | Mr Bibby said it was "shameful" that pub companies were attempting to block fairer laws and an "insult" to tenants. |
| A Scottish government spokesperson said it remained "fully committed" to implementing the act. | |
| Mr Bibby, a Scottish Labour MSP, had argued tenants of pubs tied to a particular brewery were obliged to buy alcohol from them at inflated prices. | |
| The act intended to establish a more equal relationship between such tenants and pub company owners, creating a "Scottish pubs code" and an adjudicator for disputes. | The act intended to establish a more equal relationship between such tenants and pub company owners, creating a "Scottish pubs code" and an adjudicator for disputes. |
| Pub owners previously lost a challenge at the Court of Session to stop it being enacted into law. | Pub owners previously lost a challenge at the Court of Session to stop it being enacted into law. |
| But on Monday, lawyers for Greene King and Punch Taverns returned to the Court of Session seeking an interim interdict against introducing the legislation. | But on Monday, lawyers for Greene King and Punch Taverns returned to the Court of Session seeking an interim interdict against introducing the legislation. |
| 'Shameful' | 'Shameful' |
| The firms, represented by advocate Aidan O'Neill KC, asked for an order to be passed, which Lord Malcolm agreed to. | The firms, represented by advocate Aidan O'Neill KC, asked for an order to be passed, which Lord Malcolm agreed to. |
| He said: "I shall pronounce an order for interdict ad interim restraining the Scottish Ministers from the making, or laying before the Scottish Parliament, of Scottish Statutory Instruments for the purpose of bringing the Tied Pubs Scotland Act 2021 or any part thereof into force." | He said: "I shall pronounce an order for interdict ad interim restraining the Scottish Ministers from the making, or laying before the Scottish Parliament, of Scottish Statutory Instruments for the purpose of bringing the Tied Pubs Scotland Act 2021 or any part thereof into force." |
| Mr Bibby maintained the Scottish government was right to implement the legislation. | Mr Bibby maintained the Scottish government was right to implement the legislation. |
| "It is shameful that the big pub companies are attempting to block fairer pub laws in the courts because they lost the argument in Parliament," he said. | "It is shameful that the big pub companies are attempting to block fairer pub laws in the courts because they lost the argument in Parliament," he said. |
| "These companies are hell-bent on denying their own tenants in Scotland new rights and protections. | "These companies are hell-bent on denying their own tenants in Scotland new rights and protections. |
| "These are the same company bosses who have failed to properly support small businesses during Covid and the recovery. | "These are the same company bosses who have failed to properly support small businesses during Covid and the recovery. |
| "It is frankly an insult to their tenants that they are now spending their rent money on legal action to stop those tenants getting greater rights and fairness." | "It is frankly an insult to their tenants that they are now spending their rent money on legal action to stop those tenants getting greater rights and fairness." |
| The pub companies had previously claimed the act was outside the legislative competence of the Holyrood parliament and was "not law". | The pub companies had previously claimed the act was outside the legislative competence of the Holyrood parliament and was "not law". |
| They maintained that provisions of the act related to competition, which was a matter reserved for the Westminster parliament. | They maintained that provisions of the act related to competition, which was a matter reserved for the Westminster parliament. |
| The move was opposed by Scotland's senior law officer, the Lord Advocate. | The move was opposed by Scotland's senior law officer, the Lord Advocate. |
| Lawyers acting for the landlords argued that the legislation interfered disproportionately with their property rights, was not evidence-based and posed a danger to investment in the sector. | Lawyers acting for the landlords argued that the legislation interfered disproportionately with their property rights, was not evidence-based and posed a danger to investment in the sector. |
| It was argued that tied pub tenants already enjoyed significant protection through a voluntary code of practice for the sector that included access to a dispute resolution mechanism. | It was argued that tied pub tenants already enjoyed significant protection through a voluntary code of practice for the sector that included access to a dispute resolution mechanism. |
| The Lord Advocate, Dorothy Bain QC, maintained the act did not relate to the reserved matter of competition. She argued it was not concerned with the competitive structure of the market but with the terms of individual agreements between landlords and tied pub tenants. | The Lord Advocate, Dorothy Bain QC, maintained the act did not relate to the reserved matter of competition. She argued it was not concerned with the competitive structure of the market but with the terms of individual agreements between landlords and tied pub tenants. |
| 'Fully committed' | |
| On that occasion the judge, Lord Harrower, rejected the landlords' arguments and refused their petition. | On that occasion the judge, Lord Harrower, rejected the landlords' arguments and refused their petition. |
| He said they had "confused legislation whose purpose is to regulate competition with legislation which may have an impact on competition". | He said they had "confused legislation whose purpose is to regulate competition with legislation which may have an impact on competition". |
| But the legislation cannot now be brought into force in the wake of the interim verdict. | But the legislation cannot now be brought into force in the wake of the interim verdict. |
| It comes ahead of an appeal which will be heard later this year. | It comes ahead of an appeal which will be heard later this year. |
| A Scottish government spokesperson said it noted the outcome of the latest interim hearing "with regret". | |
| "Ministers recognise this is an extremely difficult time for the sector and the ongoing uncertainty created by the legal challenge continues to be problematic for both tied pub tenants and pub-owning businesses," the spokesperson added. | |
| "The Scottish government remains fully committed to implementing the Act and will continue to take the necessary steps to provide clarity for the sector by implementing the Act as soon as possible, within the terms of the interim interdict." | |
| Related Topics | Related Topics |
| Greene King | Greene King |
| Pubs | Pubs |