Scottish Pubs Code Adjudicator: guidance - information and advice for prospective tenants
Guidance for prospective tenants about the information and advice to be provided by their landlord.
Part of
The Scottish Pubs Code ensures that prospective tied pub tenants receive important information and advice to make informed decisions. This includes details about:
- pre-entry training: What you need to know before starting
- your pub and the pub trade: General information about running a pub
- business plan development: Helping you and your landlord negotiate your lease
Why this matters
The Code ensures fair and lawful dealings between you and your landlord. It aims to make sure you're not worse off due to product or service ties and promotes a fair sharing of risks and rewards.
Information to provide before entering into a lease
Pre-entry training
Your landlord must provide you with information about pre-entry training before you enter into a lease agreement with them.
This training will help you understand what's involved in running a pub and your obligations. They'll also tell you who can provide this training.
Note: If you're already a tied pub tenant or have been one in the last three years, the landlord doesn't have to give you this information.
Draft lease proposal
Your landlord must send you a draft lease, including:
- how to handle lease breaches
- how to deal with complaints and disputes
- how to address potential breaches of the Scottish Pubs Code
- responsibilities for repairs and dilapidations
- any landlord investment proposals
- current price list for tied products and services, and any expected changes (including details of discounts) within the first three months following the start of the lease
Rent assessment statement
Your landlord must provide a rent assessment statement, including:
- proposed rent
- a profit and loss forecast for the next 12 months
- details of alcohol purchases over the last three years including, if reasonably available, the number of barrels of alcohol
- any other information used to assess the rent
Schedule of Condition and repair details
Your landlord must give you:
- a Schedule of Condition
- your landlord must take this Schedule into account during an assessment of any maintenance or repairs to the pub
- your landlord must also take this Schedule into account before any obligations or liabilities about the condition of the pub are agreed between you
- details of previous repairs
- information on future repairs required at the lease start
Costs and charges
Your landlord must inform you about the costs and charges that you will be responsible for i.e., business rates, fees, service rates or other costs. You must also be provided with at least one published report analysing the trading costs of tied pubs in the UK, including on the costs of the tied pub agreements.
Gaming machines
Your landlord must provide you with information on the proposed arrangements for gaming machines at your pub, including how any revenue from these machines is to be distributed.
Advice and support
Your landlord must provide you with information about advice and support they can offer including,
- training needs for you and your employees
- licensing requirements
- brand promotion and marketing
- business management aspects including promotion and marketing of your pub
- provision and maintenance of dispensing equipment
- benefits from the landlord's procurement and supply capabilities
- exterior decoration of the premises and any signs, car parks and gardens
Information about your pub
If this is your first tenancy, your landlord must provide additional details about the pub:
- a description of your pub
- current licenses for the pub
- enforcement actions in the last two years
- number of previous tenants in the last 10 years
What to do if you don’t receive this information
This information is an important for making an informed decision about entering into a lease with your landlord. If you don’t receive the information detailed above, raise the issue with your landlord and refer to this guidance.
You can also find more information on the Scottish Pubs Code Adjudicator website or you can contact the office of the Scottish Pubs Code Adjudicator on 0300 244 1225 or email pubscodeadjudicator@gov.scot
