Scottish Pubs Code Adjudicator Stakeholder Engagement Group minutes: November 2024

Attendees and apologies

• Andrew Mackenzie, Scottish Arbitration Centre

• Chris Wright, Pubs Advisory Service

• Gavin Stevenson, The Scottish Licensed Trade Association

• Graeme Arnott, Caledonian Heritable

• Greg Mulholland, Campaign for Pubs

• Hazel Berry, Scottish Pubs Code Adjudicator

• Helen Aitken, Scottish Pubs Code Adjudicator

• Ian Ward, Society of Independent Brewers and Associates

• Josh Green, STAR Pubs

• Julie Jolly, Greene King

• Lynn Winter, STAR Pubs

• Mike Clist, British Institute of Innkeeping

• Nim Kumar, Scottish Pubs Code Adjudicator

• Paul Togneri, Scottish Beer and Pubs Association

• Samantha Faircliff, Cairngorm Brewery

• Sarah Havlin, Scottish Pubs Code Adjudicator

• Scott Saunders, Admiral Taverns

Items and actions

Minutes of previous meeting

The minutes arising from the meeting 16 October 2024 were agreed.

Enactment of the Scottish Tied Pubs Code

Discussion: As work continues by the Scottish Government (SG) to finalise regulations, concern was raised regarding the go live date 1 April 2025. Businesses and tenants, particularly smaller pub companies, may be unaware of the upcoming Code, causing potential issues.

Advice: It was confirmed that, through our commitment in our engagement plan, a parallel process of awareness raising and ensuring business readiness from day one will be implemented. For example, SMARTs (comms team) is providing support to reach beyond those tenants and businesses already known. We have also launched our website not just to provide information but also to promote our communications strategy, benefiting tenants. The website includes a confidential portal for communication with our office, as well as a self-referral form for pub companies.

Reaffirmation was also given regarding the commitment to gather as much information as possible from pub owning companies/business in Scotland and welcomed suggestions on the best methods for data collection. We are seeking recommendations for communication channels, websites, and newsletters where we can distribute our content to effectively amplify our message and reach a wider audience.

Sandbox or test phase before Code enactment

Discussion: The question of committing to a 'sandbox' or transitional phase before the Code goes live in March 2025 has been raised again.

Advice: It was confirmed by SG that the implementation date is planned for 31st March/1 April. We intend to publish as much information as possible now to prepare everyone for implementation. It is however, recognised that some of this information will be in draft form and part of an iterative process and therefore subject to future revisions as the Code progresses into law.

Implementation of the Code

Discussion: Organisations are eager for the Code to be implemented promptly, following an 18-month delay. Legal challenges and other obstacles have caused significant delays, preventing tenants from benefiting from the Code. This delay has caused substantial detriment to some tenants. Therefore, the desire for Tenants is that the Code should be implemented immediately and in full.

Advice: a key priority for the SG is to deliver the Code and we are working closely with the SG to ensure implementation will be on 1 April 2025. 

Mediation

Discussion: Views were expressed that the Act describes an arbitration process, and if Parliament wished to include another form of dispute resolution, then that would have been stipulated in the legislation.

Advice: It is recognised that arbitration is the method of dispute adjudication under the legislation. It is also acknowledged that mediation windows can incorporated into the arbitration process. The Adjudicator noted that feedback from stakeholders in terms of the possibility of providing for a mediation window under her Arbitration Policy (for example, providing an option for a tenant going through an arbitration to pause the arbitration so that parties can be referred for facilitated mediation) has been unpopular or ambivalent.

Investigation and enforcement policy

Advice: This has received 7 replies – we will draft a publish a report on the feedback in due course.

Arbitration policy documents

Advice: This will be subject to the arbitration rules of the 2010 Act. While there is no statutory obligation for consultation on this policy, we have committed to publish the arbitration policy as a draft document for feedback and will advise when this is available.

AoB

The next meeting is scheduled to be in person on 15 January 2025.