Scottish Pubs Code Adjudicator: Corporate Plan 2025 – 2028

Adjudicator’s corporate objectives

Corporate Plan Proposal for the Scottish Pubs Code Adjudicator Period: 2025–2028 (Three-Year Plan)

A three-year plan aligns with standard regulatory cycles and allows for periodic reviews and adjustments.

Corporate objectives

1. Ensuring compliance with the Scottish Pubs Code

• Conduct investigations into non-compliance
• Provide guidance and enforcement actions, including financial penalties
• Raise awareness among pub-owning businesses and tenants

2. Stakeholder engagement & transparency

• Publish regular updates and reports on adjudications
• Maintain open communication channels with tenants and pub-owning businesses
• Host annual forums for industry feedback

3. Dispute resolution & arbitration

• Develop streamlined arbitration processes for tenant-landlord disputes
• Offer clear guidance on Market Rent Only (MRO) lease requests
• Ensure fair rent assessments

4. Operational efficiency & governance

• Establish performance metrics for Adjudicator effectiveness
• Implement digital tools for case management and reporting
• Conduct periodic reviews of the Code’s impact
• Delivering value for money at all times and being accountable for the stewardship of levy income

Corporate objectives 1A and B

Ensuring compliance with the Scottish Pubs Code

Objective 1A: Arbitration and dispute resolution

Ensure a transparent, efficient, and fair arbitration process for disputes between tied pub tenants and pub-owning businesses under the Scottish Pubs Code.

Objective 1B: Investigation and enforcement

Operate a robust and proportionate scheme for investigating potential breaches of the Scottish Pubs Code and enforcing compliance where required.

Why is this a priority?

Ensuring compliance with the Scottish Pubs Code is a priority because it safeguards the rights of tied pub tenants while promoting responsible business practices among pub-owning companies and therefore, fostering a fair and transparent business environment. Arbitration plays a crucial role in resolving disputes efficiently, preventing prolonged conflicts that could negatively impact tenants and pub-owning businesses alike.

By establishing a clear framework for arbitration, the Adjudicator ensures that disputes are handled consistently and fairly, reducing uncertainty for all parties involved. Defined resolution timelines promote efficiency, preventing unnecessary delays that could hinder business operations. Additionally, guidance documents empower tenants and pub-owning businesses with the knowledge they need to navigate arbitration procedures confidently.

A robust and effective scheme for investigation and enforcement may also be required to ensure compliance with the Code. This will allow any persistent issues with Code compliance to be resolved, enforcement action to be taken where required, and compliance with any enforcement directions to be monitored. The Adjudicator also has powers under the Act to report on avoidance.

Ultimately, compliance with the Code strengthens trust in the sector, ensuring that tenants receive fair treatment and pub-owning businesses operate within ethical and legal boundaries. This approach supports a sustainable and thriving pub industry in Scotland.

How we will deliver on this priority:

• Develop a clear framework for arbitration requests
• Establish eligibility criteria for arbitration referrals, ensuring disputes fall within the scope of the Scottish Pubs Code
• Define roles and responsibilities for claimants and respondents
• Provide step-by-step guidance on submitting arbitration requests, including required documentation
• Ensure confidentiality in arbitration proceedings, protecting sensitive business information
• Ensure timely responses to disputes, with defined resolution timelines
• Implement strict deadlines for each stage of arbitration, ensuring disputes are resolved efficiently
• Require a response to arbitration requests within 21 days of notification
• Set a maximum resolution period of four months from the date of submission
• Publish annual performance metrics on arbitration case durations to maintain accountability
• Provide guidance documents for tenants and pub-owning businesses on arbitration procedures
• Develop official arbitration policy documents, outlining the process and expectations
• Offer template forms for submitting disputes, ensuring clarity and ease of use
• Provide case studies of past arbitration decisions to help tenants and landlords understand precedents
• Maintain an online resource hub with FAQs, and procedural updates
• Publish clear policy on use of investigation powers and enforcement actions
• Report on any investigations concluded, enforcement action taken and monitoring of compliance following that enforcement
• Publish reports on avoidance activity in relation to the Code

Corporate objectives 2

Objective 2: Stakeholder engagement & transparency

Objective: Ensure open communication, transparency, and collaboration between SPCA, tied pub tenants, and pub-owning businesses.

Why is this a priority?

Ensuring open communication, transparency, and collaboration between SPCA, tied pub tenants, and pub-owning businesses is essential to maintaining fairness and trust within the sector. A well-informed industry fosters compliance, reduces disputes, and strengthens relationships between stakeholders.

By publishing regular updates and reports, the SPCA provides clarity on adjudications, ensuring that tenants and pub-owning businesses understand key rulings and their implications. Open communication channels allow tenants to seek guidance and resolve concerns efficiently, preventing misunderstandings that could escalate into formal disputes.

Additionally, annual forums for industry and tenant feedback create opportunities for meaningful dialogue, ensuring that the Scottish Pubs Code remains effective and responsive to the evolving needs of the sector. This proactive approach reinforces accountability, promotes best practices, and supports a sustainable and thriving pub industry in Scotland.

How we will deliver on this priority:

• Publish regular updates and reports on adjudications
• Release quarterly reports summarising adjudication cases and outcomes
• Provide case studies to illustrate key rulings and their implications
• Maintain a public database of adjudications to enhance transparency
• Ensure reports align with the Scottish Government’s communication strategy
• Maintain open communication channels with tenants and pub-owning businesses
• Establish a dedicated helpline for inquiries and dispute resolution
• Develop an online portal for tenants to submit concerns and receive guidance
• Conduct regular meetings with industry and tenant representatives to address emerging issues
• Encourage direct consultation with stakeholders during policy development
• Host Annual Forums for industry and tenant feedback
• Organise annual stakeholder forums to discuss challenges and improvements
• Invite tenant associations, pub-owning businesses, and government officials to participate
• Use forums to gather feedback on the effectiveness of the Scottish Pubs Code
• Publish forum summaries to ensure transparency and accountability
• Provide regular updates to pub-owning businesses and tied pub tenants through email and direct mail channels

Corporate objective 3

Objective 3: Dispute resolution & arbitration

Objective: Ensure fair and efficient resolution of disputes between tied pub tenants and pub-owning businesses under the Scottish Pubs Code.

Why is this a priority?

Ensuring fair and efficient dispute resolution is a priority because it upholds the integrity of the Scottish Pubs Code, providing tied pub tenants and pub-owning businesses with a structured and transparent process for resolving conflicts. Arbitration prevents prolonged disputes that could negatively impact business operations and tenant livelihoods.

A streamlined arbitration process ensures that disputes are handled consistently, reducing uncertainty and fostering trust in the system. Market Rent Only (MRO) lease requests offer tenants a fair opportunity to negotiate rent based on market conditions, promoting financial stability. Tenant support and guidance empower individuals with the knowledge and resources needed to navigate disputes confidently.

Additionally, monitoring and reporting enhance accountability, ensuring continuous improvement in arbitration policies. By prioritising dispute resolution, the Adjudicator strengthens industry relationships, promotes fairness, and supports a sustainable pub sector in Scotland.

How we will deliver on this priority:

Streamlined arbitration process

• Arbitration processes
  • Develop a clear framework for arbitration requests
  • Ensure timely responses to disputes, with defined resolution timelines
  • Provide guidance documents for tenants and landlords on arbitration procedures
• MRO Lease Requests
  • Establish a transparent process for tenants requesting an MRO lease
  • Ensure fair rent assessments based on market conditions
  • Publish case studies of past MRO lease decisions to improve understanding
  • Tenant support and guidance
  • Offer support and sign post tenants involved in disputes
  • Maintain a confidential helpline for tenants seeking arbitration assistance
• Monitoring & reporting
  • Publish annual reports on arbitration cases and outcomes
  • Conduct regular reviews of dispute resolution effectiveness
  • Engage with stakeholders to refine arbitration policies

Corporate objective 4

Objective 4: Operational efficiency & governance

Objective: Ensure the SPCA operates effectively, maintains transparency, and continuously improves regulatory oversight.

Why is this a priority?

Ensuring operational efficiency and governance is a priority because it strengthens the effectiveness of the SPCA in regulating the relationship between tied pub tenants and pub-owning businesses. A well-structured adjudication process fosters trust, transparency, and accountability, ensuring that disputes are resolved fairly and efficiently.

By establishing performance metrics, the SPCA can track adjudication speed, accuracy, and stakeholder satisfaction, reinforcing confidence in its decisions. Digital tools for case management to streamline dispute resolution, whilst improving accessibility and responsiveness for tenants and pub-owning businesses.

Additionally, we will align with the Scottish Governments review of the Code - to ensure that regulations remain relevant and effective, adapting to industry trends and stakeholder needs. Prioritising operational efficiency and governance enhances regulatory oversight, promotes fairness, and supports a sustainable pub sector in Scotland

How we will deliver on this priority:

• Establish performance metrics for Adjudicator effectiveness
• Define clear benchmarks for adjudication speed and accuracy
• Track resolution rates for disputes and arbitration cases
• Conduct stakeholder surveys to assess satisfaction with adjudicator decisions
• Publish annual performance reports detailing case outcomes and enforcement actions
• Implement digital tools for case management and reporting
• Develop an online portal for tenants and pub-owning businesses to submit disputes
• Use automated tracking systems to monitor case progress and deadlines
• Ensure secure data storage and compliance with public records regulations
• Provide real-time updates to stakeholders on case developments
• Provide relevant information and insights to the Scottish Government to support its periodic reviews of the Code’s impact
• Adjust enforcement strategies based on emerging trends in the pub sector

For further information, please contact:

Scottish Pubs Code Adjudicator

X1 Spur 5-9

Saughton House

Broomhouse Drive

Edinburgh

EH11 3XD

0300 244 1225

pubscodeadjudicator@gov.scot