New measures have come into force to give Scotland's tied pub
tenants more rights and greater protection.
From today (Monday 31 March), the Scottish Pubs Code will enable
tied pub tenants to stock a wider range of beers beyond those
supplied through the pub-owning business, providing more choice
for customers and supporting local breweries. Pub-owning
businesses will also have to provide prospective tenants with
more information on things like business costs, helping them make
more informed choices.
Further elements of the Code will be introduced in June. These
will include allowing tenants to request different leases that
will give them greater responsibility and flexibility in the way
that they run their business.
An independent Scottish Pubs Code Adjudicator – Sarah Havlin –
has started work overseeing the application of the Code and
ruling on any disputes.
The Code has undergone extensive consultation and is intended to
create a fairer operating environment between tenants and
landlords, reduce costly disputes and help safeguard the future
of Scotland's tied tenanted pubs and bars.
Employment Minister said:
“This is a good deal for Scotland's hospitality sector. We are
rebalancing the relationship between pub tenants and pub-owning
businesses, making it easier to do business and creating
opportunities for entrepreneurs in the tied pub sector.
“And it is a boost for customers who could now find a much fuller
array of local draught beers in their favourite pubs.
“I will continue to engage with the sector to ensure that the
Code places the interests of both tenants and landlords at its
heart.”
Background
Scotland has an estimated 700 tied pubs, representing 16% of all
licensed establishments. A tied pub is leased from a pub-owning
business by a tenant who is required to buy their beer and
sometimes other products from that business.
Sarah Havlin was formally appointed as the Scottish Pubs Code
Adjudicator in June 2024. Sarah is a solicitor by background and
has acted in several judicial and quasi-judicial roles, including
as the Certification Officer of Northern Ireland, a
quasi-judicial and statutory regulation role in trade union
affairs. She has played a significant role in the review of local
government boundaries in Northern Ireland since 2008 and is
currently the Local Government Boundaries Commissioner of
Northern Ireland. She has previously served as Assistant District
Electoral Areas Commissioner and as an independent Ministerial
advisor on the revised terms and conditions for local government
representatives.
The work of the Adjudicator and the effectiveness of the Code
will be reviewed after 31 March 2026 and every three years
thereafter.
