Scottish Pubs Code and Scottish Pubs Code Adjudicator review: consultation

Ministerial Foreword

I am pleased to publish this consultation paper which welcomes views on the Scottish Pubs Code and the performance of the Scottish Pubs Code Adjudicator.

The success of the hospitality sector is vital to Scotland’s economy. After a period of thorough consultation, we introduced the Scottish Pubs Code last year with the aim of creating a fairer operating environment between tied pub tenants and landlords, reducing costly disputes and helping safeguard the future of Scotland’s tied pubs and bars. With the guest beer provisions, we also sought to provide more choice for customers and support for local breweries.

Operation of the Code has been overseen by an independent Scottish Pubs Code Adjudicator, Sarah Havlin, who has been engaging regularly with both tied pub tenants and pub owning businesses since her appointment.

The Tied Pubs (Scotland) Act 2021 places a duty on Scottish Ministers to conduct statutory reviews of the operation of the Scottish Pubs Code and the effectiveness of the Scottish Pubs Code Adjudicator in enforcing the Code. Ministers are required to publish a report on review findings. These statutory duties are not impacted by our recent Programme for Government commitment to integrate the Scottish Pubs Code Adjudicator into Food Standards Scotland, while maintaining the independent scrutiny functions. The review will continue in tandem with work on the proposals for change.

Although we are still in the early days of the Code, the first statutory review of the Code and Adjudicator is now due, covering the period 17 June 2024 to 31 March 2026. The review provides an opportunity to examine the current arrangements and explore what is working well and where any changes might be required. The review will consider the operation of the Code, including the extent to which the Code is consistent with the regulatory principles, and it will support both me as the responsible Minister, and the Adjudicator, to reflect on how well the arrangements are working.

I am grateful to you for responding to this consultation and look forward to hearing your views.

Tom Arthur MSP

Minister for Business and Fair Work