The code came into force on the 31 March 2025 giving tied tenants and lessees more rights and transparency when dealing with their pubcos.
The legislation has similarities to the current pubs code adjudicators office in England and Wales which was brought into force in 2016 and is led by Fiona Dickie.
As of Monday (30 June), tied pub tenants can now benefit from reviews and the right, in certain cases, to opt for MRO leases – removing the obligation to buy alcohol from landlords.
New framework
The code also grants access to guest beer agreements and clearer information on business costs, empowering tenants and supporting local producers.
Scottish pubs code adjudicator (SPCA), Sarah Havlin, said: “This is a significant step forward for pubs across Scotland. The new framework ensures a level playing field and delivers real benefit across the sector.
“I will maintain active engagement across the sector to ensure the Code continues to serve both tenants and landlords effectively.”
There was concern about bringing in a Scottish Pubs Code when the legislation was being mooted in 2024.
Ensuring compliance
The Campaign for Real Ale (CAMRA) and the Scottish Licensed Trade Association (SLTA) welcomed the move. Although the SLTA had been concerned about the delays in bringing in the legislation.
Colin Wilkinson, managing director of the SLTA, said: “We are pleased that the Pubs Code market rent only provisions have now taken effect.
“Any tied pub tenant in Scotland can now take advantage of applying to move to a free of tie lease, provided that their agreement is 50% of the way through and that there has not been a qualifying investment by their tied pub company in the last five years”
SPCA Sarah Havlin met with Fiona Dickie, PCA in June to discuss the impact of the codes.
Havlin is a solicitor by trade and has held numerous judicial and quasi-judicial positions, including a decade as the Certification Officer of Northern Ireland, a quasi-judicial and statutory regulation role in trade union affairs in which she was responsible for ensuring compliance with relevant laws and regulations.
