Samuel Smith fined after failing to reveal pension details

ONE of the UK’S oldest breweries 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 formed in 1758, was asked by The Pensions Regulator (TPR) to provide details of its pensions in 2015.

The watchdog wanted to ensure that the Yorkshire-based brewer and pub owner was earning enough money to support the final salary pension schemes of more than 2,000 employees.

But owner Humphrey Smith, 73, wrote back in a “terse tone”, dismissing the request.

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.”

In response, the watchdog launched court proceedings, accusing the company of neglecting or refusing to provide information and documents without a reasonable excuse, in breach of the Pensions Act 2004. Mr Smith was charged with the same offence on the basis that as owner and chairman of the company he consented or connived in failing to hand over the documents.

The company and Mr Smith pleaded guilty to the offence at a hearing in May. Both the brewery and its chairman were hit with fines totalling £26,750 and costs of £1,240 when they were sentenced at Brighton magistrates’ court yesterday.

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 impact its employees. But she said it had taken a “deliberately inflammatory” tone with TPR and twice failed to comply with a request for information, adding: “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.