Scottish Pubs Code Adjudicator Engagement Group minutes: September 2025

Attendees and apologies

 

• Alan Sayers, Scotsman Group
• Amy Hulme, Star Pubs
• Andrew Mackenzie, Scottish Arbitration Centre
• Chris Wright, Pubs Advisory Service
• Gavin Stevenson, Scottish Licensed Trade Association 
• Holly Kidd, 3X1
• Ian Cass, Federation of Business
• Ian Ward, Society of Independent Brewers
• Jim McDougall, Caledonian Heritable
• John Drury, Oxford Hotels and Inns
• Julie Jolly, Greene King
• Kirsty Welsh, Star Pubs
• Nick Lawrie, Greene King
• Mike Clist, British Institute of Innkeeping
• Morag Douglas, Campaign for Pubs
• Paul Togneri, Scottish Beer and Pub Association
• Peter Dorovic, Trust Inns
• Sam Faircliff, Cairngorm Brewery
• Scott Saunders, Admiral Taverns
• Stuart McMahon, Campaign for Real Ale
• Tom Harvey, Punch Pubs
• Wayne Billyeald, Trust Inns

SPCA

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

Items and actions

Welcome and introductions

Sarah welcomed attendees to the final Stakeholder Engagement Group (SEG) meeting. She noted that the forum had been a valuable space for collaboration and expert stakeholder engagement. The feedback received has played an important role in shaping our systems and processes.

SPCA update

Sarah gave an overview of the SPCA’s progress from implementation to operation, highlighting the role of the SEG in shaping key policies and systems since October 2024. She noted the Code’s phased commencement, with full implementation completed by 30 June 2025. Sarah thanked the group for their valuable feedback, which continues to inform SPCA’s work and future engagement.

Now that the Code is fully operational, we will shift towards targeted engagement with pub-owning businesses and tied pub tenants addressing their specific concerns on an individual basis. The team will be in touch to set up the meetings.

Sarah noted that the SPCA team has been focused on setting the levy and recently met with pub-owning businesses to share key information, including the apportionment. A follow-up meeting is planned to explore the levy in more detail.

SPCA will continue with engagement with tenants and industry, continuing awareness raising on rights under the Code, engaging with stakeholders and seeking feedback.

Sarah advised looking ahead and into 2026 to 2027, the SPCA will focus on the following key areas:

• levy setting - establishing our approach for the 2026 to 2027 financial year, and providing, where possible, detailed information ahead of implementation, within the legislative framework to support business planning
• oversight and enforcement - Ensuring fair and lawful dealings between pub-owning businesses and tied tenants
• monitoring compliance - working proactively with stakeholders to address emerging issues on the Code
• corporate and business plans - Publishing plans in Q3 2025 to outline strategic objectives, aligned with National Performance Framework goals
• governance and accountability - maintaining robust oversight, transparency, and reporting to Scottish Ministers and Parliament, including independent evaluation of regulatory effectiveness, and publication of annual report and accounts

Minutes of previous meeting

The minutes arising from the meeting on 25 May 2025 were agreed.

Commencement of MRO and rent assessment and review provisions

Sarah confirmed that the MRO and rent assessment provisions (Part 3 and 4) commenced on 30 June 2025. The guidance is available on the website and there are resources there to support tenants. SEG members were encouraged to familiarise themselves with this guidance. She shared positive feedback from tenants across Scotland, noting that the MRO guidance is clear and accessible. SPCA welcomes further suggestions to improve tenant engagement.

Communications activity (3X1)

Sarah noted that SPCA’s communications activity has been successful in raising awareness, including tenant events, site visits, and media outreach. She thanked the communications team for their efforts in securing coverage in key trade publications such as Morning Advertiser and SLTN.

Sarah introduced Holly from 3X1, who provided an overview of the communications work to date. LinkedIn remains the main communications hub, with campaigns on ‘Know Your Rights’ and MRO guidance. Stakeholders encouraged to share SPCA content through their own channels.

Feedback from SEG members included creating an independent SPCA website and sharing marketing materials with pub-owning businesses; Sarah advised that both are under consideration.

Engagement with tied pub tenants

Sarah shared feedback from recent face-to-face and online engagement with tied pub tenants across Edinburgh, Glasgow and the Northeast of Scotland. The engagement has been very positive, and it has been very useful to hear from tied pub tenants. Key feedback included:

• there is a high level of awareness of the Code which is positive
• a number of tied pub tenants had successfully secured a guest beer agreement with their landlord, though some tenants had limited interest in guest beers because of the nature of their business and its community
• there was also a high interest in the MRO provisions for tied pubs, though concerns around the ongoing relationship with landlords following a move to free-of-tie, or the risk of no renewal being offered
• there were also issues raised around investment agreement, and the attribution of capital works between repairs required and future investment
• there was feedback about BDMs and the quality and consistency of information on the Code provided by BDMs. We are welcome to engaging more with BDMs if this would be beneficial

SPCA levy 2025 to 2026

Sarah noted that the levy for 2025 to 2026 had been issued after receiving the consent from the Minister. This consent is a requirement before we can complete the practical work. The ministerial statement was issued on the 31 July 2025. Also, Sarah noted that there had been a meeting with pub-owning businesses to discuss the levy and advised there will be a further meeting regarding the levy still to be scheduled.

Strengthening independent advice

Sarah announced a six-month pilot for an independent advice service to support tied pub tenants. The service, led by chartered surveyor Lucile Black, will operate via email and phone, offering confidential guidance on the Scottish Pubs Code. Tenants welcomed the initiative, which aims to build confidence and clarify rights. SPCA will not access individual case details. A review will follow the pilot period.

Issues raised by members regarding the Independent Advice Service included:

• clarification was sought on whether the service would cover wider issues beyond the Code; it was confirmed the scope is limited to Code-related matters
• members asked if common themes from the service could be shared; while individual cases remain confidential, management information will be provided to SPCA to inform future work
• oversight of the service was queried; SPCA will monitor its effectiveness during the six-month pilot. A member observed that the advice provision under the 2021 Act paragraph 7 Schedule 2 was a power rather than a duty. Sarah advised that feedback from tenant engagement indicates that some tied tenants feel that they need additional support. The legislation is designed to ensure that tied tenants can access guidance without incurring legal costs. While the Adjudicator holds the power to provide guidance on the Code, this can be delegated - on this occasion, to an independent third party rather than SPCA staff - to help maintain impartiality and avoid potential conflicts of interest
• it was queried what route pub-owning businesses should take when seeking advice. It was confirmed that SPCA will continue to advise pub-owning businesses; the pilot service is for tied pub tenants only
• Sarah confirmed the service is funded within the current budget and no cases have been received to date

Future stakeholder engagement

Sarah closed by thanking all members for their valuable contributions and on-going collaboration. She highlighted the constructive nature of the engagement and confirmed that further meeting details will be shared in due course.

Any other business

No items were raised.