The Scottish Pubs Code came into force on the 1st April 2025 giving tied tenants and lessees more rights, greater protection and fair treatment and transparency when dealing with their pub companies that own tied pubs. The Code is contained in the Scottish Pubs Code Regulations 2024 (as amended by the Tied Pubs (Miscellaneous Amendment) (Scotland) Regulations 2024) and came into effect on 31 March 2025. Compliance with the Code will be enforced by the Scottish Pubs Code Adjudicator.
Tied tenants are obliged to buy beer and possibly other drinks from their landlords. All tied businesses in Scotland are now covered by the Code. This has given tenants of those companies new rights and protections such as increased transparency and a fair rent assessment.
The Scottish Pubs Code Adjudicator is Sarah Havlin. She oversees the operation of the Code and will arbitrate disputes and investigate breaches. Her office has produced clear guidance for all parties on how to adopt the Code and what to do when disputes arise, which can be viewed at the Scottish Pubs Code Adjudicator Website.
The Code also provides a right to apply to go free-of-tie called Market Rent Only (MRO) in certain circumstances and to request to stock a guest ale. There is no application form, you simply need to write to your Landlord making the request. Please be aware to apply for MRO you must have a substantive agreement that is at least half way through its term, less six months.
If you want to take on a new tied agreement in Scotland you will need to take Pre-Entry Awareness Training
