We offer a wide selection of quality pubs to visit as well as great business opportunities and support.
We offer a wide selection of quality pubs to visit as well as great business opportunities and support.
Dear tenant/lessee
As a tenant/lessee with Marston’s Pub Company you will have received a copy of the Company’s Code of Practice in respect of our agreement with you, a copy of which is available on our website at:www.marstonspubcompany.co.uk/docLibrary/Business/codeofpractice1b.pdf
Our Company code incorporates the provisions of the ‘UK PUB INDUSTRY CODE OF PRACTICE FOR TIED TENANTED AND LEASED PUBS’ (IFC) published in January 2010. The Industry Framework Code (IFC) has been agreed by the British Institute of Innkeeping (BII), the Federation of Licensed Victuallers Associations (FLVA) and the British Beer & Pub Association (BBPA).
One of the principal obligations of the IFC is the requirement that the provisions of the Industry Code are incorporated within our Company’s Code of Practice. You can be certain that this is the case because our Code is accredited by the accreditation body, the British Institute of Innkeeping Benchmarking and Accreditation Service (BIIBAS).
There have been questions raised as to the legal status of the IFC which have now been resolved. Consequently we are now in a position to offer further certainty about the reliance you can place on the IFC through an offer to you to include the Industry Framework Code into our agreement with you by way of a supplementary agreement. The same applies to any successor code as may be agreed by the BBPA, BII and the FLVA.
This letter constitutes an open and unlimited standing offer to you, the tenant/lessee of the [name of pub], under the terms of our agreement to have the opportunity to avail yourself of the benefit and obligations of the Industry Pub Framework Code of Practice for Tied, Leased and Tenanted Pubs. If this offer is accepted by you as the tenant/lessee it binding on us as the Company and yourself, where there are obligations on you and it can be relied upon in a Court of Law.
A copy of the Industry Framework Code is available on the British Beer and Pub Association website. Alternatively, you can find this on our website or we can provide a copy on request.
The IFC places a number of obligations on us as the Company operating tied tenancies and leases, which are included in our own code and upon which you should be able to rely in our dealings with you.
What do I have to do to accept this offer?
If you wish to accept this offer you can simply sign and return this letter to us and retain a copy for your records.
By contacting us at a future date us to indicate your wish to take up the offer.
Alternatively, if you do not want to accept our offer, you do NOT have to do so.
You may also avail yourself of the benefits of the IFC where you believe we as a Company have committed a breach of the IFC. You can do this by taking such a complaint either to the Courts or to the Pub Independent Conciliation and Arbitration Scheme (PICAS), which is to be established early in 2012, details of which will be published shortly.
By making such a complaint you will be invoking and relying on the IFC and therefore you will be indicating your acceptance of the Company’s offer. You should be aware that in making such a complaint, and receiving the benefit of the IFC, you will also be accepting the obligations placed on you by the IFC.
By this offer, we as a Company warrant that the IFC will also be applicable to any future assignee of a lease with the Company, since the Company’s offer is open and unlimited.
The acceptance of this offer means that the benefits and obligations of the IFC will accrue to the agreement we have with you. Since it will then form a supplementary agreement to our tenancy/lease agreement with you there is no need for it to be appended by way of a Deed of Variation. If, however, you would like to have the IFC incorporated by a Deed of Variation this can be arranged, at your cost.
Yours sincerely
Signed for the Company Signed by you, the Tenant/Lessee
Stephen Oliver
Managing Director