On 12 May 2009,
The Guardian newspaper reported how "Enterprise Inns counts cost of bad pub landlords": the recession had forced the company to take action against more than 100 "poor quality and underperforming licensees" since last autumn. It is spending £1.4m a month on financial assistance to help those in distress, on top of the £700,000 a month cost of freezing the price of five lager and ale brands. Chief executive Ted Tuppen told
The Guardian: "If people are genuinely struggling and will work with us, we are providing an awful lot of help". The cost of these programmes was however contributing to a slump in profits. On 13 May 2009, the
House of Commons published a report regarding a monopolies inquiry into pub groups. The report "raises a series of questions about the pub company (
pubco) tied pub business model and calls on the Government to act urgently, in particular, to refer the matter to the
Competition Commission. It challenges the pubcos which operate a tie to prove its benefits by giving lessees the choice between a tied or free of tie lease." The report also raises issues regarding the actual conduct of pubcos in dealing with struggling tenants. The Committee commissioned its own independent survey as part of the inquiry, to determine whether the negative evidence it initially received from lessees was typical of feelings in the industry. In 2008, one tenant who felt forced to close the pub he ran with his wife said: "We told Enterprise [Inns] we were struggling and needed some help; they didn't come forward with any. If we were late paying bills we would get threatening phone calls. They could have put a hold on the rent or given us a discount until we managed to get business back up. If we didn't pay bills on time they wouldn't deliver the beer and when they did deliver it they would charge us for carriage. Instead of helping us they were making it worse." The MPs are said to also want a ban on pubcos selling pub premises with
restrictive covenants that prevent them being used as pubs in the future. Ted Tuppen explained the need for covenants to the committee by saying there are too many pubs in some areas and Enterprise used restrictive covenants "because, genuinely, we think these are pubs that have lived their life". However, he admitted that 70% of Enterprise sales have such covenants in place. Shortly following the committee's report,
CAMRA issued a
super-complaint forcing the
Office of Fair Trading (OFT) to investigate this within 90 days. The OFT published its report on 22 October 2009. The report largely cleared the industry of behaving in any way that caused damage to consumers. ==References==