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Statutory Review of the Pubs Code and Pubs Code Adjudicator

As part of the third statutory review of the Pubs Code and the Pubs Code Adjudicator (PCA), the Department for Business and Trade (DBT) will today publish a 12-week long invitation to stakeholders to provide their views and evidence on the operation of the Pubs Code and the performance of the PCA.

There are a range of different types of operating models for pubs and, in 2016, legislation came into force in England and Wales to tackle concerns specific to one type of the operating model: the tied pub model. Under the tied pub model the tenant agrees to buy beer and other products and services from their landlord in return for lower rent and other benefits. The Pubs Code etc. Regulations 2016, applying to England and Wales, ensure the fair and lawful treatment of tied pub tenants of large pub-owning businesses. The Pubs Code also provides the tied pub tenant with certain rights, including the right, in certain circumstances, to require the landlord to offer a change to their commercial contract from a tied tenancy to a free-of-tie tenancy.

The role of the PCA is to investigate and enforce compliance with the Code, provide advice, consult on and issue guidance, and arbitrate disputes in respect of compliance with the Pubs Code. The PCA is appointed by the Secretary of State for Business and Trade.

The Secretary of State is required by the legislation to review periodically the operation of the Pubs Code and the performance of the PCA. This third review covers the 3-year period from 1 April 2022 to 31 March 2025.

The invitation to submit comments and evidence can be accessed through gov.uk https://gov.uk/government/consultations/statutory-review-of-pubs-code-and-pubs-code-adjudicator-2022-to-2025 and stakeholders have until 14 August 2025 to respond. A report on the findings of the statutory review will be published as soon as practicable and laid before Parliament by the Secretary of State.

The government announced in March that it would review the performance of the PCA as part of its Regulatory Action Plan. This invitation for comments and evidence, will therefore also seek views to inform a wider post-implementation review (PIR) of the Pubs Code. The PIR will consider the Code’s impact since it came into force in 2016, including the extent to which the regulation is working, if the policy has achieved its objectives, whether the intervention is the most appropriate approach and if intervention and regulation is still required.

The Terms of Reference for the third statutory review of the Pubs Code and the PCA have today been placed in the libraries of both Houses of Parliament.