Tied pubs: draft Scottish Pubs Code - Part 1

Closes 17 Jan 2022

Opened 8 Nov 2021

Overview

This consultation seeks your views on the Scottish Government's proposals on the Scottish Pubs Code for tied pubs. It covers proposals on Market Rent Only leases and guest beer agreements.

On 23 March 2021, the Scottish Parliament unanimously passed the Tied Pubs (Scotland) Bill (now an Act). This legislation provides for a Scottish Pubs Code to govern the relationship between pub companies and tied pub tenants and establishes a Scottish Pubs Code Adjudicator to oversee and enforce the code. The aim of the legislation is to ensure that there is a balanced relationship between the position of the business which owns the pub and the tenant.

The Act requires the Scottish Government to lay a Scottish Pubs Code before Parliament by 5 May 2023.

Our proposals on elements of the Scottish Pubs Code are set out in the below consultation paper:

Please read the consultation paper

Why your views matter

Proposals on the Scottish Pubs Code for tied pubs have been developed following workshops with sector representatives, tied pub tenants and pub-owning businesses. 

This consultation gives everyone who may be affected by the code, such as tied pub tenants, pub-owning businesses and brewers, an opportunity to comment on the first set of proposals. At Annex A it includes draft legislation on Market Rent Only leases and guest beer agreements, to give you an idea of how this might look.

Views from those impacted by the code, will be essential in making sure the code is fair, balanced and workable. The consultation will help the Government to refine its proposals on the code.

After all the responses to this consultation have been considered, Ministers will make a final decision on the proposals for Market Rent Only leases and guest beer agreements.  We will be consulting separately on wider aspects of the code and this second consultation is expected in spring 2022. 

Secondary legislation setting out the whole Scottish Pubs Code will be submitted to the Scottish Parliament for approval, expected in late 2022.

Give us your views

Interests

  • Business, Industry and Innovation
  • Economy