Scottish Pubs Code Adjudicator Stakeholder Engagement Group minutes: May 2025

Attendees and apologies

Attendees

• Andrew Mackenzie, Scottish Arbitration Centre
• Barry Watts, Society of Independent Brewers
• Carly Bannerman, 3X1
• Chris Wright, Pubs Advisory Service
• David Christie, Robert Gordon University
• Greg Mullholland, Campaign for Pubs
• Ian Cass, Federation of Business
• Jim McDougall, Caledonian Heritable
• Jon Dale, Punch Pubs
• Josh Green, STAR PUBS
• Julie Jolly, Greene King
• Lynne Winter, STAR PUBS
• Mike Clist, British Institute of Innkeeping
• Paul Edgeworth, Campaign for Real Ale
• Paul Togneri, Scottish Beer and Pub Association
• Sam Faircliff, Cairngorm Brewery
• Scott Saunders, Admiral Taverns
• Tom Harvey, Punch Pubs
• Wayne Billyeald, Trust Inns

SPCA

• Sarah Havlin, SPCA
• Nim Kumar, SPCA
• Frances Kelbie, SPCA
• Andrew Alexander, SPCA

Items and actions

Items and actions

Sarah welcomed attendees to the fifth Stakeholder Engagement Group meeting. 

The minutes arising from the meeting on 19 February 2025 were agreed.

Stakeholder communications (3X1)

Sarah outlined the communications activity since the last stakeholder engagement group meeting. Guidance had been published covering operative areas of the Code. The Code’s launch received press coverage, featuring Minister Tom Arthur MSP and Sarah Havlin at Mathers Bar, Edinburgh. Our outreach efforts include social media such as LinkedIn and a direct mailshot featuring the ‘Know Your Rights Leaflet’, issued to all the tied-pub tenants to raise awareness.

Sarah introduced Carly from 3X1 who delivered a presentation on recent communications activity that they have been carrying out for SPCA. This included media engagement involving Sarah and coverage in both SLTN and the Herald, where Sarah discussed her role as arbitrator, her experience and the support she can provide.

Carly advised that further communications are planned, particularly focused on the provisions for MRO and rent assessments and reviews, which will be live on 30 June 2025.  Stakeholders were encouraged to share these communications with their tied-pub tenants and to share any relevant case studies or queries that could inform future communications.

A stakeholder suggested the benefit of a published schedule to enable timely communication with tied-pub tenants. In particular, receiving new guidance documents a few days to a week in advance would allow stakeholders to align them with their own communications plans.

Sarah acknowledged this would be helpful and clarified that, because publication depends on the Scottish Government web team uploading guidance, it may not always be possible to provide specific publication dates.

Stakeholders were invited to provide feedback on the guidance materials by email. Initial comments received during the meeting included that the published information was clear, concise, and accessible. A query was raised regarding the communications’ reach - specifically, how many tied pub locations had received materials. It was explained that pub locations were identified using valuation board data alongside information from pub-owning businesses to ensure accurate distribution.

Draft arbitration policy

The arbitration policy was introduced, with a final version to be published on the website in due course.

Stakeholder feedback included:

• the draft does not specify which The Chartered Instutiue of Arbitrators (CIArb) rules apply.
• the guidance's confidentiality requirement may be unnecessary, given the statutory nature of arbitration.
• the Scottish Arbitration Rules could be adopted for clarity and consistency, particularly as Sarah will be the arbitrator. (It was noted these differ from the rules of the Scottish Arbitration Centre)
• concerns were noted regarding CIArb oversight, with reference to unlawful decisions under the PCA regime and the lack of recourse
• a request made for further transparency, particularly around the appeals process.

Sarah advised that she had received independent legal advice about the need to use CIArb rules. and confirmed that rules would be determined on a case-by-case basis, rather than under a blanket policy - an approach that aligns with existing legislation. She acknowledged that consistency and transparency will be vital.

On confidentiality, Sarah proposed that the default approach should be focused on transparency and openness, unless justified otherwise. She also committed to considering the feedback on appeals for inclusion in the final policy.Stakeholders were invite to submit feedback by 4 June 2025 for consideration

Scottish Pubs Code guidance

The guidance documents available on the SPCA website. Additional guidance on MRO, rent assessment and reviews will be published to coincide with their commencement on 30 June 2025. Further materials, including regulatory guidance and a checklist for prospective tied-pub tenants will also be made available.

Confirmation of status – Regulation 6

It was noted Regulation 6 requirement for notification must be met within the first three months of the commencement of the Code - by 30 June 2025. Since the February SEG meeting, over 600 identified locations and 16 pub-owning businesses have been confirmed.

Stakeholders noted some sites may not be operating under a tie, for instance instead under a brewery loan or other arrangement. Stakeholders asked for further information on the pub-owning businesses within scope of the legislation and it was agreed that this information would be provided in due course.

The process for confirmation of status as a pub-owning business was noted. It was agreed that additional pub-owning businesses identified outside the SEG would be invited to future SEG meetings.

Levy setting arrangements 2025-2026

The process for levy setting was noted, with the next stage being the request for consent from Scottish Ministers.  While timescales - particularly for apportionment - were queried, these remain unconfirmed pending Ministerial approval.

Stakeholders asked whether SPCA could publish a list of all the pub owning businesses identified. It was agreed that contact details and information on where to access this data would be shared,  A queried was raised whether Scotland would adopt a similar methodology to the PCA UK. It was advised that the PCA’s levy-setting approach - based on direct and overhead costs - has been discussed and noted.

Commencement of Market Rent Only (MRO) and rent provisions

The MRO, rent assessment and review provisions will commence 30 June 2025, marking full implementation of the legislative framework for tied pubs in Scotland.  Guidance will be published alongside commencement.

Any other business

Sarah further noted that she had an informal chat with Fiona Dickie, the Pubs Code Adjudicator for England and Wales. In response to a query from a member regarding SPCA’s remit to engage with other regulatory bodies, Sarah explained that the shared legislative framework and common challenges demonstrates the value of the PCA’s experience in the UK to be both pertinent and valuable to Scotland.

Dates for future SEG meetings were discussed with recognition that its original focus - supporting implementation and commencement - is nearing completion.

While no date has not been set, members expressed interest in a further SEG meeting, following commencement on 30 June 2025.  Sarah invited any further views by email and agreed to provide an update in due course.

Actions arising

• SPCA will confirm a future date for the next final in-person SEG meeting - completed
• SPCA will publish the guidance on MRO and rent reviews on the 30 June 2025 - completed
• Sarah committed to review feedback regarding the appeals process under the Arbitration policy comments by 4 June 2025 - completed
• SPCA to provide stakeholders with information on the pub-owning businesses within scope of the legislation in respect of the levy in due course - completed
• additional pub-owning businesses identified outside the SEG will be invited to the final  SEG meeting – completed
• contact details on where to access data on identifying pub-owning businesses to be shared – completed