Statutory code: Greg Mulholland reacts to Ted Tuppen's legal threat

The stakes were raised this week in the consultation over the statutory code as Enterprise Inns chief executive Ted Tuppen hinted at the prospect of a legal challenge to its outcome.

Tuppen claimed there are a number of options open to pub companies if they are unhappy with the results of the consultation, including a judicial review or a legal challenge in Europe.

He told the Publican’s Morning Advertiser (PMA): “The consultation itself is disappointing but not illegal. But if there are legal frailties with the outcome,

it would open itself up to legal challenge. There may be circumstances in which that might be appropriate. But there is no point us taking a view on that until we know what happens.

“We are taking the consultation very seriously, asking for evidence that supports what has been said, and supplying our own evidence.”

However, Tuppen immediately came under fire from the All-Party Parliamentary Save the Pub Group chairman and MP Greg Mulholland, who said that he believed Tuppen and other pubco bosses were “running scared”.

Mulholland said: “It is quite extraordinary to be talking already about a judicial review to something that hasn’t yet been decided. “It shows how desperate [he] and the pubcos are getting over the forthcoming statutory code.

“The fact that we have nine leading organisations, many MPs, hundreds of licensees, breweries and pubgoers all getting behind this campaign shows the real need there is for real pubco reform.

“It is clear from his typically bullish rants in the media that Tuppen is running scared of the much-needed reform of the pubco model. His frustration that finally ministers are no longer fooled by the hollow arguments put forward by the pubcos and their highly-paid lobbyists is evident.”

An early-day motion launched in support of the Fair Deal for Your Local campaign had the support of 58 MPs. 

The Campaign for Real Ale (CAMRA) has said it is looking to get 200 MPs to sign the motion, which calls for a “market rent-only option”.

Thirteen breweries have signed up to the Fair Deal campaign, saying the reforms proposed by the consultation will provide better and fairer access for microbrewers.

But Tuppen said that he believed the campaign was offering failing licensees false hope.

“We do a lot of work with publicans to make their businesses successful by driving their sales forward — that is what great businesses do.

“The campaigners and politicians have spawned a handful of publicans who believe that the path to a successful future is a £4,000 cut in rent. What a great way of improving pubs and the experience of pub-going across the UK!”