Scottish Pubs Code: guidance for pub owning businesses

Pubs Code breaches

If a pub company identifies a breach of the Pubs Code, the Scottish Pubs Code Adjudicator (SPCA) must be notified as soon as possible.

Self-disclosure breach form

The pub company is required to complete a standard form (under supporting documents), known as a self-disclosure breach form, to provide the SPCA with detailed information about the breach without delay.

The self-disclosure is essential for informing the SPCA of the pub company’s understanding of the breach, how it occurred, and its impact on tenants. Additionally, the pub company must outline the corrective actions it is taking to prevent a recurrence and to address the situation for the affected tenants. This includes the steps taken or planned to notify tenants about the breach and how they can obtain further information if impacted.

The SPCA office will publish a register of self-disclosure breaches to share information with the industry about how the Code is working and how breaches have been dealt with. The register may include, amongst other detail,  a description of the breach and other relevant information, such as action taken in response.

Self-disclosure helps demonstrate that the pub company can effectively monitor compliance with the Code and respond appropriately to breaches. The SPCA may consider the company’s proactive approach when deciding on any necessary regulatory actions.

Publication history

First published: 27 November 2024
Archive copy of first version: [ARCHIVED CONTENT] Scottish Pubs Code Adjudicator: self-disclosure breach form (draft)