Monday 19 December 2022

A franchise affair

A significant development of the past few years that has perhaps not received the attention it deserves is the rise of franchise models for operating pubs owned by the major pub companies. These are a kind of halfway house between a managed pub and a traditional tenancy, under which the publican remains self-employed, but the pubco pays all the bills and takes all the sales revenue, leaving a cut of typically between 18% and 22% to pay themselves and employ staff.

All of the major pubcos now offer deals of this kind, as explained in this article in the Morning Advertiser, with Marston’s being the leaders in the field with 637 sites currently operational. Probably the most visible is Stonegate’s Craft Union, which has been positioned as a standalone brand, with the pubs painted in a distinctive livery. Most of them tend to be wet-led pubs, but some of the deals allow the licensees to run their own food operation.

From the point of view of the pubco, they avoid the commitment and administrative burden of a fully managed operation while still retaining a high degree of control over how the business is run. Most significantly, all the sales are put through their own books.

The prospective publican may find this kind of arrangement an easier introduction to the pub trade than a traditional tenancy, and it requires much less of an initial financial ingoing. It provides a much more structured operating environment, which may suit many people, although others will find the lack of opportunity to use their initiative to develop the business limiting. Running a tenancy is much more complex now than it was fifty years ago. There’s a direct relationship between the success of the business and your own remuneration, although of course that is a double-edged sword.

An important aspect is that all the bills are paid by the pubco, including the energy costs, which is a massive attraction in the current climate. However, concerns have been expressed that these deals may in practice leave people working for a pittance and can be regarded as exploitative. People are effectively entering into unsatisfactory contracts just to get a roof over their heads and their bills paid. On the other hand, several people interviewed in the Morning Advertiser article seemed happy enough with the situation. No doubt the shrill anti-pubco lobbyists will find much to criticise, but they never seem able to come up with any constructive suggestions about how pub operating companies should actually function.

When I first heard about this kind of arrangement, my initial thought was that they were a way of pubcos avoiding the possibilities of seeing their pubs lost to tenants claiming a Market Rent Option and going free-of-tie. However, that hasn’t in practice proved to be a major problem for pubcos, and in reality franchising is more a way of finding a system that works for smaller, lower-end pubs that have proved difficult to let on a traditional tenancy basis. But, whatever its pros and cons, franchising certainly seems to be here to stay as a significant part of the pub landscape, and is only likely to expand its share at the expense of tenancies. Marston’s certainly see it as a key driver of future growth.

24 comments:

  1. It's not only pubcos that use this model. The local brewery have been using it for some time on their wet pubs.

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    1. I'm using "pubco" as a catch-all term for all tied pub operators. And don't forget that most beer sold in pubs belonging to brewers like Robinson's isn't their own production.

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  2. I know someone who ran one of these pubs, which had previously served excellent home cooked meals, and they were told point-blank that they weren’t allowed to sell food. Trying to put a guest ale on the bar was a nightmare too. that’s my main issue with this model, it removes any individual character (surely a big part of a pub’s appeal?) and the licensee’s personal touch.

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  3. All about the Bass19 December 2022 at 11:09

    It really doesn't sound like a franchise operation.
    It sounds like disguised employment.
    Though rather than tax avoidance, more minimum wage avoidance.
    I doubt it will survive the next labour government.

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    1. I'd say the Marston's franchises are genuine, especially given the size of the ingoings. The Craft Union deal, not a chance.

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    2. In a genuine franchise such as Subway or Pizza Hut the franchiser does not sell products to other outlets at less than the price they sell to the franchisees.
      Is this the case with these pub franchises or is the pubco still free to sell to Wetherspoons at a lower price?

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    3. Umm, under this system the pubcos don't actually sell anything to the licensees - the sales are put through their own books.

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    4. S oif the pubcos don't sell anything where do the franchisee get their beer

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    5. I doubt whether many pubs will survive the next Labour government.

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    6. @dcbwhaley - I thought I'd explained this already. Under this type of arrangement, the licensees are effectively running the pub on behalf of the pubco and receiving a cut of the takings. They don't buy any stock from the pubco or sell anything on their own account.

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    7. Maybe not, but the fact remains that they are widely referred to as "franchise agreements". Probably "share of take agreements" would be more accurate.

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  4. Marstons have been doing a similar thing for decades, originally as a short-term informal stop-gap to keep pubs open in between tenants but obviously now as a business model, but with the difference that a franchisee must stump up £50,000 to buy in to a franchise and for working capital. This is clearly a genuine franchise. The Craft Union deal requires nothing more than a £500 bond, similar to many managers jobs, and specifically points to all such 'opportunities' as being 100% wet-led, which might mean that any food franchise will be appointed on a separate basis, or that food will not be served at all which somewhat restricts the earning opportunity. This definitely seems like disguised employment, given that the commitments of such a 'self-employed' position will not allow any opportunity to work elsewhere.

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  5. Marston's beer here in Shropshire is extremely poor quality. Most of their pubs around me are dining pubs. Emphasis obviously on food. Full of obnoxious children running around uncontrolled. Cask beer if they have it, is always poor condition Pedigree served by a young person who knows nothing about using a handpump. I can't even find Banks' Mild and Amber Ale now. Luckily i can get plenty of top quality Holdens, Batham's, Enville, and Three Tuns.

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    1. That's more a function of the type of pub than the beers themselves. I've had several examples of excellent Marston's beer this year, particularly Pedigree.

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    2. Well said. The beers themselves are as good as ever; 2 pints of Pedigree in the last year in dining pubs in Wokingham (honest) and suburban Sheffield were as good as I remember.

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    3. Not here. Trouble is we have far superior ales which people really appreciate and support and are also much cheaper in the pub. so even first rate Marstons would be inferior.

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    4. It's reassuring to know that Pedigree is "inferior". CAMRA have been struggling for years to define which beers are "good" and "bad".

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    5. Few cask beers are ‘good’ or ‘bad’. It’s mostly in the keeping, although the volume of Pedigree brewed means that most can’t be brewed in the Union fermenters. Maybe they don’t even use them at all now? That said, Pedigree in fast cask (TM) definitely lacks depth of flavour and condition.

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    6. "Few cask beers are ‘good’ or ‘bad’. It’s mostly in the keeping"

      Buy that man a pint!

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  6. All about the Bass20 December 2022 at 14:17

    Further to my previous comment.

    Rather than just a supply agreement & property lease which is the basis of traditional tenancies, franchise operations have potential benefits.

    It can offer suppliers, if cask ale brewers, a way of establishing quality as part of the agreement and sanctioning partners that are selling poor quality beer and damaging the brand.

    It can offer franchisees an established system to work that has been proven to be successful alongside branding and promotion.

    What is described in the blog isn’t that. It looks like a bogus form of self-employment with revenue going direct to a pub company and risk going to the operator. The operator is restricted in their operations far beyond maintaining the quality and offer of the brand.

    Many years ago, the previous labour government decided to tax earned and unearned income at different rates. This was to encourage foreign investment whilst still taxing the established workforce. The self employed took advantage and formed limited companies in order to pay themselves dividends rather than income and obtain an NI credit whilst staying under the threshold of having to pay that tax. Not just plumbers but consultants took advantage of this and for those at higher earnings of income the tax the advantage of limited company self-employment was considerable.

    As the minimum wage increased, we also saw an increase in self-employment and a new category of self employed that were clearly not earning enough to hire accountants to put in a tax return. You see these in food and goods delivery, and taxis. Self employed picking up gigs from an App and all earning per hour less than the minimum wage.

    When you see self-employment, it is either the genuine running of a business, or when it is clear it is not, as in the business model described in this blog, ask yourself why structure it this way? It is either legal tax avoidance or legal minimum wage avoidance. The stories of struggling pub tenants inform us it is unlikely to be tax avoidance, therefore it must be minimum wage avoidance.

    The interesting question is what the next Labour government is going to do about this. A labour government is likely and as the party of the workers is the legal framework for this likely to last?

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    1. You're getting things confused here. Unearned income was taxed at a *higher* rate than earned income - a surcharge of 15%. This is what gave rise to the notorious 98% marginal tax rate under the 1974-79 Labour government.

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    2. All about the Bass21 December 2022 at 15:40

      I think you are referring to the labour government of the 70s
      I am referring to the previous labour government of the 90s
      Where unearned income became taxed at a lower rate than earned income. From this point it made sense for the self employed to operated as a Ltd company rather than sole trader in order to take dividends rather than salary. A further change to allow single director Ltd companies greased the wheels.

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  7. Can I reiterate the principle in the comment policy, that if you wish to engage in extended discussion, you will need to either register an account or tell me something about yourself.

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