Industry Regulations - England & Wales
The Pubs Code regulates the relationship between pub-owning businesses and their tied pub licensees, referred to as tied pub tenants in the legislation. It provides tied pub tenants with certain rights and sets out procedures that must be followed.
PRINCIPLES OF THE PUBS CODE
The Pubs Code is based on two core principles:
- fair and lawful dealing between the pub-owning business and their tenants
- and that a tenant should be no worse off than a free-of-tie tenant
The Code provides for certain rights: the right to information to ensure you can make an informed decision before entering into a tied agreement; the right to a rent assessment every 5 years; the right to discussion notes about rent, repairs and your business plans; and the right to a market rent-only option.
MARKET RENT-ONLY OPTION
The right to a market rent-only option (MRO) is available in specific circumstances, known as MRO events. There are four events: following receipt of a rent assessment; a Landlord & Tenant Act 1954; following a significant increase in price; and a trigger event. These events are set out in Part 5 of the Pubs Code, as well as in our Running a Pub Information Guide. We’ve compiled a set of Frequently Asked Questions to assist you in your understanding of the MRO procedure.
INDEPENDENT PROFESSIONAL ADVICE
It is important that you take independent professional advice from appropriately qualified advisors before entering into a tied agreement and at times during your time with us to ensure you're fully aware of your individual rights under this legislation. We would encourage you to check that your advisors hold professional indemnity insurance and that they are accredited by an appropriate professional association, such as The Law Society, RICS, IFA or CIMA. Guidance is available from the British Institute of Innkeeping (the BII) and the PCA has produced a helpful factsheet.
THE PUBS CODE ADJUDICATOR
A Pubs Code Adjudicator (PCA) is appointed to oversee the operation and enforcement of the Pubs Code, and has produced a number of factsheets and flowcharts designed to assist in the understanding of these regulations.
CONTACTING THE PCA
You can contact the PCA by calling 0800 528 8080.
Alternatively, you can submit an online enquiry form available on the PCA website.
CODE COMPLIANCE OFFICER
Under the Pubs Code regulations, Greene King has a duty to appoint a Code Compliance Officer (CCO) to ensure we’re compliant with the code in our business. Our CCO is available to answer any queries you or your advisor may have about the Code and its operation within Greene King. Please note any tied pub tenant complaints are overseen by the CCO.
CODE COMPLIANCE REPORT
The CCO is required to submit an Annual Compliance Report to the PCA detailing Greene King’s compliance with the Pubs Code which is published each year.
OUR RUNNING A PUB INFORMATION GUIDE – ENGLAND AND WALES
Our Running a Pub Information Guide describes our ways of working with you and includes important information you should know about operating a pub with Greene King.