Scottish Pubs Code and Scottish Pubs Code Adjudicator review: consultation

Terms of reference

Statutory review of the Pubs Code and Pubs Code Adjudicator

The terms of reference take account of the requirements of the Tied Pubs (Scotland) Act 2021 on Scottish Ministers to review the operation of the Scottish Pubs Code (the Code) and the performance of the Scottish Pubs Code Adjudicator (SPCA).

Term of reference 1

1. In accordance with section 5 of the Act, consider the operation of the Code as set out in the Scottish Pubs Code Regulations 2024 and, in particular, the extent to which the operation of the Code is consistent with the principles set out in section 3 of the Act:

(a) the principle of fair and lawful dealing by pub-owning businesses in relation to their tied-pub tenants,

(b) the principle that tied-pub tenants should not be worse off than they would be if they were subject to neither a product tie nor a service tie,

(c) 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.

2. In accordance with section 5(5) of the Act to undertake the review of the Code for the period from 17 June 2024 to 31 March 2026.

Term of reference 2

In accordance with section 5 of the Act, consider how effective the Adjudicator has been in enforcing the Pubs Code during the period 17 June 2024 to 31 March 2026.

The review will be informed by a range of evidence including (but not confined to):

• responses to this consultation
• any other evidence submitted in response to this review
• reports and policy statements prepared by the SPCA and other relevant material available on the SPCA’s website
• any relevant publicly available information