The Pensions Regulator (TPR) is to prosecute Samuel Smith Old Brewery and chairman Humphrey Smith for failing to provide information and documents for an ongoing investigation.
TPR announced on 24 April that it sought details of the North Yorkshire-based company's finances in order to better understand the funding position of some of the brewery's pension schemes.
This came after the company failed to comply with a notice issued under Section 72 of the Pensions Act 2004 on 12 January 2018, requiring the information and documents to be provided by 26 January 2018.
The company and Smith have been summonsed to appear at Brighton Magistrates' Court on 15 May.
They will each face a charge of neglecting or refusing to provide information and documents, without a reasonable excuse when required to do so under the act.
Smith was charged on the basis that the offence by the company was committed with his consent, or by his neglect.
Under section 72 of the Pensions Act 2004, TPR can require pension schemes, employers, and third parties to provide it with information and documents relevant to pensions. The failure to provide such information without a reasonable excuse is a criminal offence, and can result in an unlimited fine.
Additionally, those involved can suffer serious reputational damage from being convicted of non-compliance with the law while businesses can face further action from professional body.
The brewery was unable to provide PP with a statement in time for publication.
