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Chamber and committees

Statutory Review of the Pubs Code and Pubs Code Adjudicator for England and Wales

  • Submitted by: Neil Bibby, West Scotland, Scottish Labour.
  • Date lodged: Monday, 09 November 2020
  • Motion reference: S5M-23292

That the Parliament notes the publication of the Statutory Review of the Pubs Code and Pubs Code Adjudicator for England and Wales; considers that the findings of the review may inform regulation of pub-owning businesses and the tied pub sector in Scotland, where currently there is no statutory pubs code; understands that the UK Government considers the pubs code to be consistent with the principles set out in the Small Business, Enterprise and Employment Act 2015 but not consistently delivering the outcomes the principles of that act are intended to support; further understands that difficulties reported by some tenants in accessing their market rent only rights are highlighted in the statutory review; considers that any regulation of pub-owning businesses in Scotland should provide improved access to market rent only rights; believes that the UK Government considers there is a strong case for retaining the Pubs Code Adjudicator for England and Wales; further believes that, while the UK Government does not propose to enhance the power of the Pubs Code Adjudicator at this stage, it has asked the adjudicator to retain evidence of cases in which existing powers are regarded as insufficient to allow for consideration of whether there is a case for strengthened powers in the next statutory review, and considers that the findings of the review further illustrate the growing regulatory gap between the industry in Scotland and the industry in England and Wales, and the need for statutory regulation of pub-owning businesses in Scotland to improve outcomes for tenants.


Supported by: Jackie Baillie, Sarah Boyack, Neil Findlay, Pauline McNeill, Elaine Smith, Colin Smyth