Tied pubs - Scottish Pubs Code: consultation 3 – analysis report

Annex 2: Answers to closed questions

Question 1: Do you agree or disagree with the following statement?

‘In the case of a notice to quit, MRO exemption only applies where a pub-owning business or tied pub tenant has not served a notice to bring the lease to an end before a specified period of time before the end date of the lease’

Question 2: If a timeframe were to be specified, what should that be?

Question 3: Do you agree or disagree with the following statement?

‘The Market Rent Only process should be able to start before the half-way point of a tenancy.’

Question 4: If the Market Rent Only process were to start before the half-way point of a tenancy, how soon should it start?

Question 6: Do you agree or disagree with the following statement?

‘There should be a process to appeal the result from the independent rent assessor.’

Question 7: Do you agree or disagree with the following statement?

‘14 days is the right amount of time for either party to appeal the result.’

Question 8: Should the time period for the appeal be included in the 4 week period to create a MRO offer or should it be additional to this?

Question 9: Do you agree or disagree with the following statement?

‘Pub-owning businesses should be required to give tied pub tenants at least one publicly available report analysing the trade costs of tied pubs in the UK, as part of the information to be provided to prospective tenants.’

Question 11: Do you agree or disagree with the following statement?

‘Pub-owning businesses should be required to provide information on the number of operators who have occupied a pub in the past ten years, as opposed to the number of tenants.’

Question 12: Do you agree or disagree with the following statement?

‘Pub-owning businesses should be required by the code to provide a Schedule of Condition to prospective tenants.’

Question 13: Do you agree or disagree with the following statement?

‘Pub-owning businesses should be required by the code to provide a copy of the previous dilapidation report, if they are providing a Schedule of Condition.’

Question 14: Should pub-owning businesses be required by the code to provide:

a) information about completed repairs undertaken on the tied pub covering the period of the previous tenancy; or

b) information about repairs completed since the last dilapidations report?

Question 15: Do you agree or disagree with the following statement?

‘Flow monitoring devices should be permissible on guest beer lines only with the consent of the tenant.’

Question 18: Do you agree or disagree with the following statement?

‘Tied pub tenants should be able to purchase or rent a single gaming machine per licensed premise, in addition to any gaming machine(s) already provided for in their lease.’