The Pubs Code Adjudicator has published information to help the industry better understand its approach to regulation
The Pubs Code Adjudicator (PCA) has set out how it responds to breaches reported by pub companies and suspected compliance issues, including the use of its legal powers and other regulatory tools.
The PCA aims to be transparent with tenants, pub companies and the wider industry about how it enforces the Pubs Code. The PCA has a range of legal powers, including formal investigation, but it also works collaboratively with pub companies where appropriate. After listening to stakeholders, the PCA committed in its 3-year strategy published in August, to set a clearer understanding on the PCA’s approach to regulatory issues.
Information has now been published to help explain the PCA’s legal powers and regulatory tools it uses.There is also a clearer overview of the PCA’s approach to regulation, including how it responds to suspected breaches of the Code and those self-reported by pub companies.
Each pub company must have a code compliance officer (CCO). By law, CCOs have an important role to police compliance within their pub companies. Where breaches are found, the PCA expects the CCO to act quickly and be transparent with the PCA as regulator and with affected tenants. This is underpinned by a trust-based relationship between the PCA and pub companies.
To be clear on what the PCA expects from CCOs where breaches are found, the PCA has introduced a new reporting form. This captures information about the extent of the breach, any impact on tenants and how this is being mitigated, and actions taken to prevent the breach reoccurring.
The PCA has also published a new Breaches Register on its website. This will provide the industry with more timely information during the year about pub company breaches, ahead of pub companies publishing their annual compliance reports. The PCA will continue to share information as appropriate about any regulatory action it is taking in response.
Any queries about the Pubs Code can be sent to the PCA office at office@pubscodeadjudicator.gov.uk. If you are a tied tenant of a regulated pub company, you can also contact your code compliance officer, contact details can be found here.