Scottish Tied Pubs Adjudicator's investigation policy: consultation

The Tied Pubs (Scotland) Act 2021 regulates the relationship between tied pub landlords and tenants through the Scottish Pubs Code. This consultation seeks input from pub-owning businesses and tenants on the Adjudicator’s powers for ensuring compliance with the Code and enforcing it when necessary.


Part 4: Consultation questions

Question 1

Criteria and time limits for Investigation:

Does the information under this section provide clarity on the criteria the Adjudicator will adopt when deciding whether to commence or continue an investigation?

  • Yes
  • No
  • Don’t know
  • Are there any other factors that should be taken into account?

Please explain your answer.

Question 2

Practices and Procedures for Investigations:

Does the information under this section provide clarity on the practices and procedures the Adjudicator intends to adopt during investigations?

  • Yes
  • No
  • Don’t know
  • Are there any other issues relating to the outcome of an investigation and its handling processes which you wish to raise?

Please explain your answer.

Question 3a

Enforcement Action Criteria:

Does the section on enforcement powers provide clarity on how the Adjudicator will decide whether to use these powers?

  • Yes
  • No
  • Don’t know

Question 3b

Enforcement Action Criteria:

Does this section provide clarity on how the Adjudicator will decide which powers to use?

  • Yes
  • No
  • Don’t know
  • Are there any specific aspects of the investigation process that you believe need improvement?

Please explain your answers for questions 3a and 3b.

Question 4

Financial Penalty Criteria:

Does the information under this section provide clarity on the criteria the Adjudicator will use to set the amount of a financial penalty?

  • Yes
  • No
  • Don’t know
  • Are there any specific aspects of the investigation process that you believe need improvement?

Please explain your answer.

Contact

Email: Pubscodeadjudicator@gov.scot

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