The aim of the consultation is to understand whether there is a need to create a simpler and more accessible set of rules for pubs code arbitrations which might improve tied tenants’ access to dispute resolution and the exercise of their rights under the pubs code.
Currently, any disputes must follow the Chartered Institute of Arbitrators (Ciarb) arbitration rules. The PCA is considering whether new rules, suited to the tied model and pubs code specifically, might simplify the process for tenants, who are often unrepresented.
It also said new rules could potentially improve the efficiency and cost effectiveness for all parties.
The Pubs Code recently came under criticism in an opinion piece from trade advisor Phil Dixon. He highlighted that he was “frankly astounded” at the criticism of the service from pubcos and anti pubco campaigners.
Six pub companies in England and Wales are regulated by the pubs code – Admiral, Greene King, Marston’s, Punch Pubs, Star Pubs, and Stonegate.
Sharing views
Under the regulations, if a tied tenant feels their pub company has breached the code, they can refer the issue to the PCA for arbitration.
Since March 2023, the PCA said it has dealt with fewer than 20 arbitration dispute cases every year. The majority relate to the Market Rent Only (MRO) process.
For the last full year (April 2024 – March 2025), there were only 10 referrals.
Tenants can bring arbitration if they think their pub company hasn’t complied with the code rules, which include the right to be provided with an accurate record of the condition of the pub before taking the tenancy, timely notes of meetings with their business development manager, price matching their premises insurance, and receiving a reasonable profit and loss projection when negotiating rent.
The PCA is inviting tied tenants, pub companies regulated by the pubs code, industry bodies and other interested parties are invited to share their views and experiences of how arbitrations are currently handled.
PCA Fiona Dickie said: “The number of arbitrations that are referred to the PCA is relatively low.
Accessible process
“This might indicate good levels of compliance by the pub companies, but I recognise that the complexity of the arbitration process may deter tied tenants from exercising their rights.”
She added: “It is critical that for the pubs code to be effective, the arbitration process should be accessible and efficient for all concerned.
“The PCA is considering whether to introduce bespoke arbitration rules for use in arbitrations and the consultation is an opportunity for the everyone involved in the industry to feed into our thinking.”
The Morning Advertiser looked into the impact of the Pubs Code in its Lock In podcast in 2022.
Following the consultation, the PCA said it will use the responses to inform its next steps and if the need for bespoke rules is agreed, it will work with partners to develop these.
This consultation on disputes will run for 12 weeks, closing on 23 October 2025 (23.59pm). To respond to the consultation, click here
It is anticipated a second consultation would be run to give the industry the opportunity to input into how the rules are shaped.
