Review of the Scottish Pubs Code and Scottish Pubs Code Adjudicator
Overview
A tied pub is owned by a pub-owning business and leased to a tenant. Tenants must buy some or all of their products and services ("the tie") from the pub-owning business (their landlord) or someone nominated by the pub-owning business. Ties can include, for example, beer and products and services are often charged at a higher cost than on the open market. In return, tenants sometimes pay lower rent and may receive other support from the pub-owning business.
In 2025, the Scottish Pubs Code came into force to govern the relationship between pub owning businesses (the tied pub landlords) and their tied tenants. Operation of the Code is overseen by an independent Scottish Pubs Code Adjudicator.
The first statutory review of the Code and Adjudicator is now due, covering the period 17 June 2024 to 31 March 2026. The review will examine the current arrangements and explore what is working well and where any changes might be required.
Responses to this consultation will help Scottish Minsters’ consideration of the operation of the Scottish Pubs Code. Views are also invited on how effective the Scottish Pubs Code Adjudicator has been at overseeing and enforcing the Code.
This consultation is open to anyone with an interest in the Scottish Pubs Code.
Read the consultation paper The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Consultation questions preview
The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.
Question 1a. How aware of the Scottish Pubs Code are you?
Question 1b. Please provide a brief explanation to support your view in response to Question 1a.
Question 2a. The Scottish Pubs Code came into force on 31 March 2025. How well or poorly do you think the Scottish Pubs Code has operated since then until 31 March 2026?
Question 2b. Please provide a brief explanation to support your view in response to Question 2a.
Question 3a. To what extent do you think the Scottish Pubs Code is consistent or inconsistent with the principle of fair and lawful dealing by pub-owning businesses in relation to their tied pub tenants?
Question 3b. Please provide a brief explanation to support your view in response to Question 3a.
Question 4a. To what extent do you think the Scottish Pubs Code is consistent or inconsistent with the principle that tied pub tenants should not be worse off than they would be if they subject to neither a product nor a service tie.
Question 4b. Please provide a brief explanation to support your view in response to Question 4a.
Question 5a. To what extent do you think the Scottish Pubs Code is consistent or inconsistent with the principle that any agreement between a pub-owning business and a tied-pub tenant should fairly share the risks and rewards amongst the parties?
Question 5b. Please provide a brief explanation to support your view in response to Question 5a.
Question 6a. Do you think anything needs to change to make the Scottish Pubs Code more effectively support the three regulatory principles? (The three regulatory principles are listed at page 5).
Question 6b. Please provide a brief explanation to support your view in response to Question 6a.
Question 7a. How aware are you of the role of the Scottish Pubs Code Adjudicator?
Question 7b. Please provide a brief explanation to support your view in response to Question 7a.
Question 8a. How effective or ineffective do you think the Scottish Pubs Code Adjudicator has been between 31 March 2025 to 31 March 2026 in enforcing the Scottish Pubs Code?
Question 8b. Please provide a brief explanation to support your view in response to Question 8a.
Question 9a. Do you think anything needs to change to enable the Adjudicator to operate more effectively in enforcing the Scottish Pubs Code?
Question 9b. Please provide a brief explanation to support your view in response to Question 9a.
Question 10. Please add any other points that have not been covered in response to the earlier questions.
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.
An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.
You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
Consultation responses will be used to inform the statutory review of the Scottish Pubs Code and Scottish Pubs Code Adjudicator which will lead to a report by Scottish Ministers to the Scottish Parliament.
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