Scotland Pubs Code Legislation
The Scottish Pubs Code regulations govern the relationship between Scottish pub-owning businesses and their tied pub tenants. It provides tied pub tenants with certain rights and sets out procedures that must be followed.
Principles of the Scottish Pubs Code
The Scottish Pubs Code is based on three regulatory principles:
- Fair and lawful dealing between the Scottish pub-owning business and their tenants
- A tenant should not be worse off than they would be if they were not subject to any product or service tie.
- A Scottish pub-owning business and tied pub tenant should fairly share the risks and rewards.
Market rent only lease
The right to a market rent only (MRO) lease is available at the half-way point of an agreement although it can be requested from 6-months before the half-way point.
A market rent only lease need not be offered by a pub-owning business for the following reasons:
- Where a tied pub tenant’s agreement is for a term of 1 year or less,
- An MRO request has been made in the last 2 years,
- A Notice to Quit has been served and there is 3 months or less remaining on the lease,
- An investment exception applies.
The MRO details are set out in Part 4 of the Scottish Pubs Code, as well as our Scottish 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 SPCA has produced helpful guidance.
The Scottish Pubs Code Adjudicator
You can contact the Scottish Pubs Code Adjudicator in the following ways:
- Email: pubscodeadjudicator@gov.scot
- Call 0300 244 1225
- Send post to: Scottish Pubs Code Adjudicator, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD
Keep up to date with Scottish Pubs Code and SPCA News
Keep up to date with Scottish Pubs Code and SPCA News
Keep up to date with the Scottish Pubs Code and Scottish Adjudicator
Our Running a Pub Information Guide
Our Running a Pub Information Guides (for Scotland) describes our ways of working with you and includes important information you should know about operating a pub with Greene King.
Read our Running a Pub Guide