One of the oldest breweries in Britain and its chairman have been fined almost £30,000 after they refused to hand over vital documents about its pension scheme.
Samuel Smith Old Brewery, which was founded in Tadcaster in 1758, was asked to provide details of its pensions in 2015.
The Pension Regulator (TPR) wanted to ensure the Yorkshire-based brewer and pub owner was earning enough money to support the final-salary pension schemes of more than 2,000 employees.
However, the brewery owner, Humphrey Smith, 73, wrote back and dismissed the request as “tiresome”.
In his letter to TPR, he said: “We are in receipt of your tiresome letter and we are not prepared to divulge the information to your organisation.”
TPR responded by launching court proceedings, accusing the company of neglecting or refusing to provide information without a reasonable excuse in breach of the Pensions Act 2004.
As the owner and chairman of the company, Smith was accused of failing to hand over the documents.
Both the company and Smith pleaded guilty to the offence at a hearing in May.
On Monday the brewery and its chairman were sentenced at Brighton magistrates court and fined £26,750 as well as costs of £1,240.
Judge Teresa Szagun said the company had claimed it was a “small, independent, family-run brewery struggling in a declining industry” and any fine would have an impact on its employees.
However, she said it had taken a “deliberately inflammatory” tone with the regulator and twice failed to comply with a request for information.
She said the “The terse tone of the refusal puts the culpability at the highest level of intent. The pensions under question were in respect of 2,000 employees whose future and security are under question.”
She fined Samuel Smith Old Brewery £18,750 and its chairman £8,000 as well as ordering a victim surcharge of £340 and costs of £900, bringing the total to £27,990.
Judge Szagun said the company had now complied and the pension information was being analysed.
Nicola Parish of the TPR said: “As Mr Smith has discovered, becoming compliant with our requests after a court summons has been served will not halt criminal proceedings.”
Samuel Smith Old Brewery owns a 300-strong chain of pubs across the country.
Smith introduced a strict no-swearing policy at all pubs in 2017 and also banned music to avoid paying music copyright levies.
