Enterprise wins Brulines court case against Fair Pint founder

Onifas, of which Harrison is a director, gave Enterprise’s predecessor Unique Pub Company, 10 days’ notice in March 2010 to remove the Brulines equipment from the Bedford Public House in Balham, and threatened to remove it if Unique did not.

Unique refused to comply and sought an injunction to prevent Onifas from interfering with the equipment.

On 20 March 2010, Harrison replied: “I will be content for you to seek an injunction - it will offer me the opportunity to ventilate the matter fully in court.”

Harrison has always been outspoken about Brulines equipment and is prominent among those who have consistently attempted to demonstrate inaccuracies.

The equipment installed at the Bedford in May 2006 is the DMS (Dispense Monitoring Service) flow manufacturing system manufactured by Brulines. It is in use in over 19,000 UK pubs including pubs belonging to all the major pub companies.

Mr Seitler QC, representing Harrison, pointed to a number of alleged flaws in the system to demonstrate that the data relating to the beer flow at the Bedford was inaccurate.

These included possible calibration errors, the inability of the system to distinguish between beer and water and the considerable scope for human error in the assessment of Brulines’ auditors when line cleaning is taking place.

But due to the late submission of expert evidence by Onifas, Judge Behrens adjourned the issue of accuracy and proceeded to rule only on the question of the landlord’s right to enter the property and install monitoring equipment.

Seitler claimed that the right to enter is a right to enter to​ install rather than a right to enter and​ install. He submitted that the wording of the lease does not permit the installation of the flow monitoring equipment without the further cooperation of the tenant.

Judge Behrens ruled that: “The fact Mr Harrison and other tenants may think it inaccurate is not a reason to prevent it being installed by the landlord.”

He ordered and declared that the lease “entitles the landlord both to enter and to carry out the specified operations without the further consent of the Tenant”.

And he added: “The defendant must not disconnect, remove or otherwise interfere with the operation of the flow monitoring system (or the supply of electricity thereto) installed in the Bedford Public House. This order shall remain in force until 24 November 2012.”

Refusing Onifas leave to appeal, Judge Behrens ordered the company to pay Enterprise’s costs, which will be subject to a detailed assessment, with a payment of £65,000 by 8 December 2011.

The lease of the Bedford, which is now vested in Enterprise, includes a tie for beer, cider and “fabs” (flavoured alcoholic beverages).

The judgement, along with statements from Enterprise and Karl Harrison are available below: