Scottish Pubs Code Adjudicator minutes: October 2024

Attendees and apologies

• Andrew Mackenzie, Scottish Arbitration Centre
• Chris Wright, Pubs Advisory Service
• Colin Wilkinson, Scottish Licensed Trade Association
• David Christie, Robert Gordon University
• Donna Gracey, Punch Pubs
• Graeme Arnott, Caledonian Heritable
• Grant Doyle, Scottish Government
• Ian Cass, Federation of Business
• Julie Jolly, Greene King
• Juliet Dodds, Scottish Arbitration Centre
• Kevin Matheson, Scottish Government
• Mike Clist, British Institute of Innkeeping
• Nim Kumar, Scottish Pubs Code Adjudicator
• Paul Edgeworth, Campaign for Real Ale
• Paul Togneri, Scottish Beer and Pub Association
• Sam Faircliff, Cairngorm Brewery
• Sarah Havlin, Scottish Pubs Code Adjudicator
• Scott Saunders, Admiral Taverns
• Tom Harvey, Punch Pubs

Items and actions

Flow monitoring equipment on guest beers

Discussion: A point of clarification was made regarding the flow monitoring equipment on guest beers. Update: It was provided that this is a matter for the Scottish Government (SG). This issue was part of the previous consultation on the Code led by SG and is not part of the current consultation.

Sandbox or test phase before Code enactment

Discussion: A question was raised about committing to a sandbox or test phase before the Code goes live in March 2025. Update: The enactment of the Code is a responsibility of SG. Input was sought from the Scottish Government. It has been confirmed that there are no plans for staggered enactment or ‘phasing in’.

Pre-entry awareness training

Discussion: A point was raised regarding Pre-Entry Awareness Training, which is a requirement in England and Wales, emphasising the importance of ensuring prospective tenants understand what it's like to run a pub. Update: It was indicated that this is a matter for SG. Confirmed with SG, there is no equivalent requirement in the Scottish Pubs Code. However, SG advised that the Code ensures that extensive information is provided to potential tenants.

Mediation and dispute resolution

Discussion: A point of clarity was raised regarding mediation and other methods of dispute resolution. The SPCA expressed interest in exploring these processes further, allowing parties the opportunity to explore less binary options for resolution. Update: The Adjudicator has wide-ranging powers in the exercise of her functions under the 2021 Act. However, at this stage, the Adjudicator is only considering the value of mediation.

Levy methodology and identification of pub-owning businesses

Discussion: A question was raised about the consideration of the levy methodology and the plan to identify all pub-owning businesses in Scotland. It was noted that while some are already engaged with the Scottish Government, many smaller pub-owning businesses might not be. Update: The SPCA will collect some of this information through the recent consultation, which includes targeted questions designed to provide valuable insights. The goal is to ensure the levy is fairly proportioned. Additionally, the SPCA is committed to gathering as much information as possible to make informed decisions and welcomes suggestions on the best methods for data collection.