The first section of the Scottish Pubs Code is now in effect, as the person responsible for enforcing the legislation takes up her role.
The code, established by the Tied Pubs (Scotland) Act 2021, governs the relationship between pub companies and their lessees, and contains a range of provisions which the Scottish Government hopes will ‘improve the rights of tied pub tenants across the country’.
A similar code has been in place in England and Wales since 2016.
The first section of the Scottish code came into force on 31st March, with the remaining provisions – governing rent reviews and market rent-only leases – due to go live on 30th June.
The person responsible for overseeing and enforcing the code, and investigating disputes between tenants and their landlords, is the Pubs Code Adjudicator, Sarah Havlin, who was appointed by the Scottish Parliament last year and is now in place.
Havlin is a former deputy chair of the Central Arbitration Committee in London, spent seven years as parades commissioner of Northern Ireland and is the current president of the Industrial Court of Northern Ireland.
She said the code will allow tenants to ‘benefit from enhanced rights, providing them with more flexibility and opportunities for growth’.
“As a pub tenant, you might have questions about whether you owe your landlord any profits from a guest beer, whether you can remove one of their supplied products to accommodate a guest beer, or when you can ask for a market rent-only lease,” said Havlin.
“These are important matters, and we are here to provide clarity and guidance.
“My role is to ensure compliance with the Code, foster engagement within the sector, and establish fair processes for dispute resolution, all while safeguarding the rights the Code guarantees.”
Meanwhile, the Society of Independent Brewers (SIBA) has launched a new portal designed to help pub tenants navigate the Guest Beer Agreement facet of the code.
The legislation states all tenants must be allowed to sell at least one guest beer brand, provided annual production of the chosen brand doesn’t exceed 5000 hectolitres.
“While the vast majority of beer from the UK’s small independent breweries already meets this requirement, SIBA has created this free to use portal so that pub tenants can have confidence in the beers they select,” said SIBA chief executive, Andy Slee.
Tenants and lessees can find the portal at guestbeer.co.uk
