WIREDGOV

Levelling the playing field.

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 Tom Arthur 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.