The Government is seeking views and evidence to assess the pubs code’s operation and the pubs code adjudicator’s (PCA’s) performance between 2022 and 2025.
The consultation, which closes on 14 August and is open to all, will help provide the evidence needed to review:
- The operation of the pubs code
- The performance of the pubs code adjudicator (PCA)
- The regulations setting the PCA’s costs, fees and financial penalties.
The Government will also consider a range of evidence to inform a post-implementation review of the pubs code, including views and evidence submitted from stakeholders.
Justin Madders MP, Minister for Employment Rights, Competition & Markets, said: “Nearly a decade on from the introduction of the code and establishment of the adjudicator, the time is now right to ask if the current model still works effectively for the ever-changing pubs landscape.
Is PCA still required?
“Therefore, alongside the statutory review, the Government is launching the first post-implementation review of the pubs code.”
Madders added: “If a statutory code is still necessary, [the review] will further consider if the current approach is still the most appropriate one or if any changes should be made.
“This will include whether the PCA is still required, should be retained in its current form or should be reformed or consolidated with another public body.
“Pub models have changed in recent years in England and Wales, with a reduction in non-managed pubs, including tied pubs, and an increasing popularity of management arrangements. Management arrangements include profit or turnover share agreements (sometimes referred to as ‘hybrid operator agreements’).”
Under the ‘Better Regulation Framework’, the Department for Business & Trade is expected to complete a post-implementation review of the primary legislation and subsequent regulations.
This review will consider the costs and benefits of the regulations since its implementation.
Important role
The post-implementation review will consider:
- The code’s impact since it came into force in 2016
- The extent to which the regulation is working
- If the policy has achieved its objectives
- Whether the intervention is the most appropriate approach
- If intervention and regulation is still required.
A BBPA spokesperson said: “It’s heartening that this review recognises the Government’s desire to reduce red tape and the acute cost burden on our sector.
“The partnership pub model and a successful relationship between pub operating companies and publicans is a vital cog in the sector and the pubs code has played an important role in embedding improvements.
“However, it is essential the statutory review and ‘Post-Implementation Review’ (PIR) ensure the code remains fit for purpose. They must also focus on reducing the code’s cost burdens and ensuring its approach accurately reflects the current pub landscape.
“This will enable all parties to continue investing with confidence and help keep vibrant pubs at the heart of their communities.”
