Scottish Pubs Code for tied pubs: consultation 3

Gaming machines

33. In the second consultation on the Scottish Pubs Code, we asked whether gaming machines should be covered by the code. We also proposed that pub-owning businesses should not be able to make it a mandatory requirement in a new tied-pub lease that a tenant has to lease a gaming machine from their pub-owning business. The code includes such a requirement, preventing a mandatory requirement in a new lease for a tenant to purchase or rent gaming machines from the pub-owning business or a supplier nominated by the pub-owning business.

34. We have had feedback from tenant representatives to the effect that existing tenants should have similar rights on gaming machines as new tenants.

35. We recognise that there may be some existing tenants who have agreed gaming machine terms in their lease. Existing lease terms are not covered by the code but it is proposed that a pub-owning business should not be able to restrict a tied pub tenant from purchasing or renting a single non-tied gaming machine, in addition to any agreement on gaming machines set out in their lease. We consider that this will give similar opportunities to existing tenants as are being provided for new tenants.

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?

Strongly agree

Agree

Neither agree nor disagree

Disagree

Strongly disagree

Please explain your answer

Question 19: What would be the impact of this proposal on tenants?

Question 20: What might be the impact of this proposal on pub-owning businesses?