Licensee battles with Punch over beer monitoring

A London licensee has blocked Punch Taverns from sending in people to monitor his beer equipment in the High Court.

Paddy Maguire, publican at the Wellington in Fulham, South London, went to Leeds High Court last week to defend himself against an interim injunction put forward by Punch. The pub company wanted permission to enter the pub and fix the Brulines beer monitoring equipment left by a previous licensee. The equipment assists Punch in checking that its tenants are not buying beer outside the tie.

However, Mr Maguire took the pub on from the previous landlord on a reassignable lease 18 months ago and claimed that he had no agreement with the pub company to allow the equipment to operate in his pub. Punch argued that as Mr Maguire had taken the lease on assignment he should take on all the previous agreements.

Mr Maguire, who represented himself in court because he could not afford a lawyer, said: "If it's not in the lease how can I be held responsible? I did my own research and defended myself. I didn't want to bring this on but I felt they were trying to bully me."

However, a spokesman for Punch Taverns told The Publican that the situation in the pub was still not resolved.

"Punch has looked back at the specific agreement and believes there is no reason why the equipment is not being used," he said.

"The judge decided that yes, there was a case to argue, but given the current situation he decided there was no reason why it should be switched on now. Punch is still deciding what is the next step."

In September 2002, Punch was granted an interim injunction against licensee Dave Westwood of the Vine at Rugeley, Staffordshire. The injunction meant that he was banned from touching the Brulines equipment in his pub.

The licensee was taken to court for allegedly buying beer outside the tie.