Scottish Pubs Code and Scottish Pubs Code Adjudicator review: consultation

Introduction

This consultation paper invites views to help inform Scottish Minsters’ consideration on the operation of the Scottish Pubs Code, including the extent to which the Code is consistent with the three regulatory principles. set out in the Tied Pubs (Scotland) Act 2021^[1] (“the Act”) and whether the Code could be modified to reflect those principles more fully. While most of the Code came into effect on 31 March 2025, rent assessment and Market Rent Only (MRO) provisions came into force on 30 June 2025.

The consultation also invites views on how effective the Scottish Pubs Code Adjudicator has been at overseeing and enforcing the Code.

This is new legislation and to an extent the Code is still bedding in but we are keen to hear all views about the impact of the operations so far and how the arrangements are working in practice. It would be useful in particular to hear from any tied pub tenants and pub-owning companies who have made any changes specifically as a result of the Code, for example, in terms of market rent only (MRO) agreements or introducing guest beers.

This consultation 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. The review report will reflect on the current operation of the Code, identify any changes required, as well as inform future work and next steps in relation to the Code.