Part 8: Other Enterprise-Related Provisions Pubs Code Section 40: Report on pub company avoidance
Section 40 requires the Pubs Code Adjudicator to report to the Secretary of State where pub-owning businesses have unfairly taken steps to avoid the provisions in Part 4 of the SBEE Act to the detriment of their tenants. The report to the Secretary of State should include any recommendations on preventative actions and recommendations on how pub tenants who have suffered from any unfair business practices should be provided with redress. The Secretary of State must respond within three months by issuing a statement that either outlines the actions he or she will take or explains why he or she has decided not to take any action.