The Bill requires the introduction of a Scottish Pubs Code.
This is a Member's bill
The Bill became an Act on 5 May 2021
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill requires the introduction of a Scottish Pubs Code. This will set out rules and procedures to govern the relationship between all pub owning businesses and their tied tenants. A tied tenant is someone who leases a pub from a pub-owning business and is required to buy their beer and sometime other products too from that business. In return they may pay a lower than usual rent and receive other support from the pub-owning business.
The Bill also requires a Scottish Pubs Code Adjudicator (SPCA) to be appointed to apply the code.
The Bill will ensure that tied tenants have the option to request a “market-rent-only” (MRO) lease. This means that a tenant can pay the going market rate to rent the pub without having to buy products or services from the pub-owning business, therefore ending the tied relationship. Even if a tenant remains tied, the Bill provides an opportunity to sell guest beers. They will not be restricted to only selling the brand of the pub-owning business.
The Scottish Pubs Code, and decisions made by the SPCA, must be consistent with the following three principles:
The Small Business, Enterprise and Employment Act 2015 was passed by the UK Parliament. That Act ensures that some tied pub tenants in England and Wales are covered by a statutory Pubs Code. The code is governed by a Pubs Code Adjudicator (PCA). That Act applies to those who have tenancies with pub-owning businesses that own 500 or more tied pubs.
The Bill aims to ensure that Scottish tied pub tenants have at least the same protections and opportunities as those covered by the 2015 Act in England and Wales. The Bill also aims to:
Tied Pubs (Scotland) Bill as introduced (312KB, pdf) posted 06 February 2020
Explanatory Notes (354KB, pdf) posted 06 February 2020
Policy Memorandum (354KB, pdf) posted 06 February 2020
Financial Memorandum (302KB, pdf) posted 06 February 2020
Delegated Powers Memorandum (203KB, pdf) posted 06 February 2020
Statements on legislative competence (114KB, pdf) posted 06 February 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
Additional member in charge
Daniel Johnson, MSP is the additional member in charge for the Tied Pubs (Scotland) Bill.
The Member who introduces the Bill is also, in the first instance, the ‘Member in charge’ of it. They may choose to name an ‘additional Member in charge’. This gives the Member in charge an assurance that any necessary procedural steps can still be taken if they are unavailable for a period or on a particular occasion.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
The Bill was introduced on 3 February 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Economy, Energy and Fair Work Committee. The lead committee considers and reports on the Bill.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
Read the responses
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The deadline for sharing your views on this Bill has passed.
A Stage 1 debate took place on 26 November 2020 to consider and decide on the general principles of the Bill.
Result 107 for, 0 against, 4 abstained, 18 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 26 November 2020
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the Amendments to be considered at the meeting on 23 February 2021:
First Marshalled List of Amendments for Stage 2 (378KB, pdf) posted 18 February 2021
Corrected Marshalled List of Amendments for Stage 2 (172KB, pdf) posted 22 February 2021
First Groupings of Amendments for Stage 2 (394KB, pdf) posted 18 February 2021
Documents with the Amendments to be considered at the meeting on 2 March 2021:
Second Marshalled List of Amendments for Stage 2 (368KB, pdf) posted 25 February 2021
Second Groupings of Amendments for Stage 2 (381KB, pdf) posted 25 February 2021
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Tied Pubs (Scotland) Bill as amended at Stage 2 (931KB, pdf) posted 03 March 2021
Revised Explanatory Notes (188KB, pdf) posted 19 March 2021
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 2 March 2021
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the Amendments to be considered at the meeting on 23 March 2021:
Marshalled List of Amendments for Stage 3 (172KB, pdf) posted 17 March 2021
Timed Groupings of Amendments for Stage 3 (187KB, pdf) posted 22 March 2021
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 111 for, 0 against, 0 abstained, 18 did not vote Vote Passed
See further details of the motion
See further details of the motion
Tied Pubs (Scotland) Bill as passed (980KB, pdf) posted 23 March 2021
The Bill ended Stage 3 on 23 March 2021
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts come into force straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act come into force on different dates.
This Bill was passed on 23 March 2021 and became an Act on 5 May 2021.