Publication - Research and analysis

Research on the pub sector in Scotland phase 1: scoping study

Published: 6 Dec 2016
Economic Development Directorate

Study to help Scottish Ministers to decide whether legislation on the operation of pub companies in Scotland needs to be introduced.

Research on the pub sector in Scotland phase 1: scoping study
Annex 8: Chronological overview of historical reporting / assessments

Annex 8: Chronological overview of historical reporting / assessments

  • Beer Orders legislation 1989:
    • Covered all GB
    • Intended to increase competition in brewing and wholesaling
    • Created the legislative and commercial environment from which the current Pub Company was born
  • Office of Fair Trading Report 2000:
    • Reviewed effect of the 1989 legislation
    • Due to the changes in the industry over the intervening decade it was concluded that legislation should be rescinded at that point
    • Legislation was finally revoked in 2003
  • Select Committee Inquiry 1 England & Wales (2004):
    • Overall review of the current pub sector
    • Made note of perceived inequalities between the powers of pub companies and their tenants
    • Requested revision of BBPA voluntary pub code
  • Business & Enterprise Committee ( BEC) Inquiry 2 England & Wales (2008/9):
    • Review of continuing validity of the 2004 report
    • Recommendations made to refer to Competitions Commission
    • View towards limitations on current tie legislation
    • Requested further urgent review into implications of potential legislative restriction to the tie
  • BEC Follow Up Inquiry 3 England & Wales (2010)
    • Review on the effects of new framework Code of Practice issued by the BBPA
    • Recommendation for a move towards formal legislative action if the relationship between the Pub Companies and tenants did not improve
    • Initial timeline set at June 2011
    • Government drafted a support package for pubs including business assistance and local authority action
  • Business, Innovations & Skills Committee ( BIS) Inquiry 4 England & Wales (2011)
    • Task to review the results of the previous inquiry recommendations and the new Code of Practice
    • Little evidence was found of a major, lasting improvement in the pub company/ tenant relationship
    • As a result, the consideration was that statutory legislation was the only way forward
  • BIS Consultation Document England & Wales (2013):
    • Following a lengthy period of submissions and debate the Secretary of State advocated the move towards statutory legislation in January 2013
    • The outline statutory framework provided a model for the power and function of the proposed Pub Adjudicator
  • BIS Consultation Document England & Wales Governmental Response (2014):
    • The response stated clearly that the intention was to legislate at the earliest opportunity to establish a Statutory Code and Adjudicator to cover the tenanted sector (for pub companies with over 500 pubs)
  • The Small Business, Enterprise and Employment Act (Part 4) 2015:
    • England & Wales only
    • Introduced in March 2015 after additional Impact Assessment by BIS
    • Provided enabling powers for the Code and Adjudicator
    • Also allowed the option for Pub Co tenants to have a Market Only Rent ( MRO) agreement if unhappy with their current tie arrangement
  • The Enterprise Act 2016:
    • Designed to address the deficiencies in the earlier legislation
    • Delays in enacting the legislation highlighted the difficulties and lengthy processes experienced in progressing the required legislation in England & Wales
  • BBPA & IFBB Codes of Practice for leased/ tenanted pubs and pub companies (with fewer than 500 pubs):
    • Released in July 2016 for England & Wales
    • Two separate codes one for lessees and one for tenants
    • Separate single code also released for Scotland at the same time