© Crown copyright 2017
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: firstname.lastname@example.org.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/pubs-code-how-to-refer-an-issue-to-the-adjudicator/when-and-how-to-make-a-referral-to-the-pubs-code-adjudicator
When you can make a referral
There is a difference between a general enquiry and a formal referral to the PCA for arbitration. You can only make a referral if you are a tied tenant (or a pub owning business in relation to market rent only disputes), or authorised to act on their behalf.
Before making a referral
The Pubs Code has very strict deadlines connected with rights under the code and for making formal referrals to the PCA. It is the tied-tenants’ and the pub-owning business’ responsibility to ensure they are able to meet the strict deadlines set out in the code.
How to make a referral
Pubs Code Adjudicator (referrals)
Victoria Square House
You should send a copy of the completed referral form to the other party in the dispute.
How to pay
The person who makes the referral or gives the notice for the appointment of the PCA to adjudicate a dispute must pay a fee of £200. This must be paid:
- at the time the referral is made or the notice is given
- by banks transfer
The fee can be paid to:
- account name: The Pubs Code Adjudicator
- sort code: 60-70-80
- account number: 10027718
You need to include a reference that includes the post code of the tied pub to which the dispute relates and the surname of the person making the referral or giving notice. Use as much of the surname that fits the reference box.
If you make a formal referral, it will be considered by the PCA and you will be contacted in writing.
Arbitrations undertaken by the PCA will be undertaken in accordance with the Chartered Institute of Arbitrators Rules. Where a conflict arises between these rules and Part 4 of the Small Business, Enterprise and Employment Act 2015 and the code, the act and the code will prevail.