Punch found in breach of code of practice at its first PICA-Service case

Punch has been found in breach of its code of practice at its first case though the Pubs Independent Conciliation and Arbitration Service (PICA-Service).

The panel found Punch had committed breaches of the spirit of its code of practice in terms of the standard of its communication with its tenants.

The company was in breach on technical issues, including failure to exercise due diligence and provide reasonable information to tenants so they could decide on a business plan.

The panel also found that Punch failed to provide an efficient repairs and maintenance service.

Hearing delay

The hearing took place on 10 September but the panel’s decision was delayed because of the need for further investigations.

Capital Fare, tenants of the King’s Arms in Lockerley, Hampshire, had complained about a lack of accurate information concerning drainage services.

The complaint also addressed subsequent dealings with Punch concerning the following: the standard of the car park; chimney repairs; and communication, electrical and back rent issues.

The last two matters were settled between the parties prior to the hearing date.

Damages and costs

The tenants were awarded an undisclosed level of damages. Costs were awarded against the respondents and the tenants were invited to present a claim for costs in pursuing their complaint.

This is the seventh case to go through PICA-Service. Previously, Enterprise lost three and won two, while Star Pubs & Bars has lost one.

Punch response

A Punch spokesman said: “Both parties were given a fair opportunity to put forward their cases and the panel came to what we believe to be a fair adjudication given we had already acknowledged that, despite some complicating factors, delays had been made.

“In light of the case, we have already been taking steps, as a business, to ensure that those mistakes are not repeated in the future with any of our partners.

“The panel’s adjudication has reinforced those actions. “We are also pleased that a self-regulatory service offering protection to the tenant, unique to the pub industry — which does not exist in any other commercial sector — has been shown to work in a fair manner.”

Capital Fare praises PICA-Service

Capital Fare managing director Lucy Townsend said: “PICA-Service was fantastic. Its approach and professionalism was second to none. I think that, for other tenants, it could be a scary process — but it is not.

“I have been through it and it has been very good. PICA-Service was very supportive the whole way though this.”