Scottish Pubs Code Adjudicator (Duty to Publish Certain Information) Regulations 2024 and Scottish Pubs Code Adjudicator (Miscellaneous Listings) Order 2024: Business and Regulatory Impact Assessment

Sectors and Groups Affected

The policies will primarily affect tied pub tenants and pub-owning businesses (landlords). There will be no impacts on other stakeholders such as customers, beer producers or surveyors. There will be no impact on local authorities or organisations in the third sector.

As mentioned earlier, public bodies such as the National Records of Scotland and the Scottish Freedom of Information Commissioner are aware of the plans.

The Scottish Pubs Code Adjudicator (Duty to Publish Certain Information) Regulations 2024

Impact on tenants

Option 1 – Do nothing – there would be no discernible impact on tenants and no costs, as the required information provided under this duty relates to the expenditure of the Adjudicator office.

Option 2 – Require Adjudicator to publish information about certain types of expenditure and the exercise of functions – tenants, who will need to pay a fee to use the Adjudicator’s arbitration service, would be able to see greater detail on the expenditure and exercise of functions by the Adjudicator than would be likely under a voluntary disclosure scheme.

Impact on pub-owning businesses

Option 1 – Do nothing – there would be no additional requirements on the pub-owning businesses, as the required information provided under this duty relates to the expenditure of the Adjudicator office.

Option 2 – Require Adjudicator to publish information about certain types of expenditure and the exercise of functions – this instrument would ensure good governance, openness and transparency by the Adjudicator with pub-owning businesses. Given that the Adjudicator and their office costs will, in time, be met by an industry levy, there could be some minimal additional costs for the pub-owning businesses as a result of the requirement to publish information in accordance with Part 3 of the Public Service Reform (Scotland) Act 2010. This requirement may also pre-empt freedom of information requests into the office of the Scottish Pubs Code Adjudicator’s expenditure because the information will be publicly available.

Businesses would benefit from assurance that the Adjudicator is operating efficiently and effectively, and with transparency, as a result of this instrument.

The Scottish Pubs Code Adjudicator (Miscellaneous Listings) Order 2024

Impact on tenants

Option 1 – Do nothing – there would be no real impact or costs for tenants surrounding the option.

Option 2 - Make the Adjudicator subject to duties on records management and freedom of information similar to other public bodies – as with others, tenants would be able to request information from the Adjudicator under the terms of the Freedom of Information (Scotland) Act 2010. There would be little impact and no costs involved for tenants.

Impact on pub-owning businesses

Option 1 – Do nothing – there would be no additional requirements on the Adjudicator and no impact on pub-owning businesses.

Option 2 - Make the Adjudicator subject to duties on records management and freedom of information similar to other public bodies – this instrument ensures good governance, openness and transparency by the Adjudicator. Since Adjudicator costs will, in time, be met by an industry levy, there may be some additional costs for the pub-owning businesses as a result of the duties introduced by the instrument around records management and freedom of information. However, if the cost of providing a response to an individual Freedom of Information Request exceeds £100 the Adjudicator could decide to place a charge, which will recoup a portion of the cost. Businesses will benefit, however, from assurance that the Adjudicator is operating efficiently and effectively, and with transparency.