Tied pubs - Scottish Pubs Code - part 1: consultation

The Tied Pubs (Scotland) Act 2021 provides for the introduction of a Scottish Pubs Code. This consultation paper seeks views on the Market Rent Only lease and guest beer agreement provisions in the Code.

Chapter 4: Proposals: Impact assessments

38. The Scottish Government is committed to consulting with all parties potentially affected by proposals for new legislation, or where legislation is being changed significantly. Included with this consultation paper is a partial Business and Regulatory Impact Assessment (BRIA) (Annex B). We would welcome comments particularly on whether there are any costs, benefits and options that are not captured in the analysis, ideally supported by evidence, and if there is any additional information that would inform the BRIA.

Question 27: Please give us any views you have on the content of this partial impact assessment.

Question 28: Do you have, or can you direct us to, any information that would assist in finalising this assessment?

39. Based on the information we have, we do not think there is a requirement to run a full Strategic Environment Assessment[9] or a Child Rights and Wellbeing Impact Assessment[10].

Question 29: Please give us any views you have about whether a full Strategic Environment Assessment or a full Child Rights and Wellbeing Impact Assessment are required.

40. The Scottish Government is committed to promoting equality and removing or minimising disadvantage which may be experienced by different groups of people. We have a legal duty to consider the impact of policies on people who may be differently affected in relation to the 'protected characteristics' under the Equality Act 2010. The protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

41. We are also required to consider impacts in terms of data protection, socio-economic equality (Fairer Scotland Duty), rural, island communities or human right impacts.

42. We are working through the remaining impact assessments but would welcome your views on whether there are impacts in these areas, ideally with any evidence.

Question 30: Do you have any views or information on the potential impacts of the proposals in this paper on equality, data protection, socio-economic disadvantage (the Fairer Scotland Duty), people in rural or island communities, or human rights? Please provide any evidence.


Email: Tiedpubsconsultation@gov.scot

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