Procedure

The Procedure

On receipt of application forms, payment and the signed Deeds of Variation from both sides, and the legal documentation from the Pub Co/Brewery landlords, PIRRS will instruct the Independent Expert selected by the tenant. The PIRRS Independent Expert will provide procedural directions to the parties which will include guidance as to issues the parties may wish to set before him. Given the fact this represents a low cost mode of dispute resolution limits will be enforced in terms of the size of the Statements of case placed by each of the parties before the Independent Expert (up to 10 sides of A4), any Statement of Agreed Facts (up to 6 sides of A4) and in due course the parties’ Responses to the other side’s Statements of Case (up to 5 sides of A4).

The Independent Expert will then make an appointment through the tenant to visit the licensed premises involved. Each of the parties and/or a single advisor representing each of them is entitled to be but not required to be present at that time.

If required by the tenant a 20 minute period will be allowed to each side on the same day to verbally summarise their case to the Independent Expert who, under such circumstances, will similarly him/herself be afforded the opportunity of obtaining verbal clarification of relevant issues should this prove to be necessary.

The Independent Expert may visit, at his/her absolute discretion, in an unaccompanied capacity, other premises regarded as representing competition or comparables and may on occasion require either or both of the parties to liaise to facilitate access arrangements.