Scottish Pubs Code for tied pubs: consultation 3

Ministerial Foreword

I welcome your views on this further consultation on the Scottish Pubs Code for tied pubs.

The Scottish Pubs Code Regulations 2024 ("the Scottish Pubs Code" or "the code") seek to improve the position of tied pub tenants. The Scottish Pubs Code is now on the statute book and I thank everyone who has invested their time and energy to get the code to this point. I became aware, however, of stakeholder concerns about some of the content of the code and so I wanted to make time for further conversations and consultation, to try and ensure the code better reflects the needs of the sector and to achieve consensus, as far as possible. I made that commitment to the Scottish Parliament during the passage of the code.

This targeted consultation seeks to make refinements to parts of the Scottish Pubs Code to ensure that it operates effectively in practice and addresses stakeholder concerns, in line with the regulatory principles set out in the Act.

My officials met with both tenant and pub-owning business groups prior to developing this consultation paper. Depending on the outcome of this consultation, the intention is for the Scottish Government to bring forward an amending instrument to the Scottish Parliament and for the code to come into force in early 2025.

I would encourage all who have an interest in the sector – particularly tenants and pub-owning businesses but also brewers, employees, consumers and others – to have your say.

The Scottish Pubs Code is only one part of the tied pubs regulatory landscape. The independent Scottish Pubs Code Adjudicator is setting up her office and will work with the sector in the coming months to develop guidance on the code and to support implementation. This vital work, combined with refinements to the code, will set out to the sector what is expected of them and contribute to a vibrant and successful tied pubs sector in Scotland.

Minister for Employment and Investment

Tom Arthur MSP