Pubs Code and Pubs Code Adjudicator: invitation for views on the first statutory review, 2016 to 2019
Detail of outcome
The Department for Business, Energy and Industrial Strategy has published the government’s report on the first Statutory Review of the Pubs Code and Pubs Code Adjudicator (PCA).
The report concludes that, while the Pubs Code is consistent with the principles set out in the Small Business, Enterprise and Employment Act 2015, there are certain changes that may improve the operation of the Pubs Code and aspects of the PCA’s functions which will require further consultation. The areas for action include to:
- consult on better access to information to help informed decision-making by prospective and existing tenants
- explore improvements to the Market Rent Only process, such as in respect of restrictive timescales and to allow for meaningful negotiation, and consult on proposals
- develop and consult on the creation of tailored dispute resolution rules to improve the arbitration process, and explore the scope for an alternative to the High Court as the arbitration appeal route
- ask the PCA to retain such evidence it may come across of persistent poor behaviour by pub-owning businesses where it considers its existing powers are insufficient to enforce the Pubs Code
The Minister has written to the PCA in respect of the some of the findings of the report and to issue statutory guidance: we have published a copy of the letter alongside the report on the Statutory Review.
Feedback received
Detail of feedback received
We received 78 responses from a range of stakeholders including:
- tied pub tenants
- pub-owning companies
- representative organisations
- the PCA
We have published the responses here. In some cases published responses have been redacted for data protection purposes, and in accordance with the Enterprise Act 2002. Due to the volume of material received, we have assumed the material redacted is not already lawfully in the public domain. Furthermore, as provided in the Invitation to Contribute, we have published all responses save where respondents expressly requested that their response be treated as confidential.
Original consultation
Consultation description
The Small Business, Enterprise and Employment (SBEE) Act 2015 provided for the establishment of the Pubs Code which regulates the tenancies of large estates of tied pubs in England and Wales. The Act and its Regulations require the Secretary of State to regularly review the Code and certain other provisions, and the Adjudicator’s performance. The first review covers the period to 31 March 2019.
We are seeking views from all those with an interest in the operation of the Pubs Code and the effectiveness of the Pubs Code Adjudicator. This includes, but is not restricted to:
- the Pub Operating Businesses covered by the Code
- tied (and previously tied) tenants and those that represent their interests
- trade bodies
- the Pubs Code Adjudicator
Documents
Last updated 5 November 2020 + show all updates
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Consultation responses added.
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Link to Statutory Review of the Pubs Code and the Pubs Code Adjudicator: 2016-2019 added.
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First published.