Guidance

Register of Self-reported Breaches by Pub-owning Businesses to the Pubs Code Adjudicator

Updated 18 November 2024

Applies to England and Wales

This register is a record of all Pubs Code breaches that pub-owning businesses have reported to the Pubs Code Adjudicator.

Information about pub company compliance monitoring and reporting, including the self-reporting of breaches, can be found here.

Pub-owning business	Report Date	Breach Reported (Regulation and Description)	Matter Reported/Further Information
Punch	September 2024	Regulation 20(2)(a):  The rent assessment proposal must be provided to the tied pub tenant, in the case of an assessment conducted under regulation 19(1)(a), at least 6 months before the rent review date.	2 instances of a rent assessment proposal not being provided within the required timescale. PCA satisfied POB has taken appropriate action in the circumstances reported.
Stonegate	February 2023 March 2023 June 2023 July 2023 August 2023 September 2023 December 2023 March 2024 April 2024 June 2024 July 2024	Regulation 41(4)(b) - A pub-owning business must ensure that the business development manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.	BDM notes of 206 meetings were not sent within the required timescale due to ongoing internal IT issue. The PCA is monitoring the POB’s management and resolution of this IT issue.
Stonegate	June 2023 July 2023 August 2023 March 2024 April 2024 June 2024 July 2024	Regulation 41(4)(b) - A pub-owning business must ensure that the business development manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.	BDM notes of 41 meetings were not sent within the required timescale due to BDM user error. PCA satisfied the POB has taken appropriate action in the circumstances reported.
Stonegate	July 2024	Regulation 41(4)(b) - A pub-owning business must ensure that the business development manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.	BDM notes of 2 meetings were not sent within the required timescale due to an ongoing internal IT issue. PCA monitoring POB’s management and resolution of this ongoing IT issue.
Stonegate	July 2024	Regulation 41(4)(b): A pub-owning business must ensure that the Business Development Manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.	BDM notes of 10 meetings were not sent within the required timescale due to an internal IT issue. PCA monitoring POB’s management and resolution of this ongoing IT issue.
Admiral	December 2023	Regulation 41(4)(b): A pub-owning business must ensure that the Business Development Manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.	BDM notes of 12 meetings were not sent within the required timescale due to an internal systems error. PCA satisfied POB has taken appropriate action in the circumstances reported.
Greene King	November 2023	Breach of Schedule 1, clause 33(2): provision of a forecast profit & loss statement to include figures and other information specified in paragraph 5(a) to (i) of Schedule 2	25 franchisees affected since October 2022. POB has taken internal action to include making relevant staff aware of Code duties towards franchisees. PCA satisfied POB has taken appropriate action in the circumstances reported.
Marston’s	September 2023	Regulation 41(4)(b): A pub-owning business must ensure that the Business Development Manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.	BDM notes of 5 meetings were not sent within the required timescale due to staff illness. PCA satisfied POB has taken appropriate action in the circumstances reported.
Admiral	July 2023	Regulation 41(4)(b): A pub-owning business must ensure that the Business Development Manager provides tied pub tenants with a record of discussions in connection with matters set out in subsection 41(4)(a) within 14 days of the discussion.	BDM notes of 18 meetings had not been provided to tied tenants within the required timescale due to apparent IT user error. POB also unable to verify BDM notes of 3 meetings had been provided to one tied tenant due to manual error. POB has taken internal action, including staff briefings and reminders on application use. PCA satisfied POB has taken appropriate action in the circumstances reported.
Stonegate	March 2023, September 2023 and December 2023	Regulation 13(7)(b): duty to carry out a dilapidations survey in accordance with the tenancy terms and at least six months before the end of the tenancy.	12 instances of the dilapidations survey not being carried out at least six months before the end of the tenancy. PCA has given advice to the POB.
Stonegate	February 2023 and July 2023	Regulation 19(1)(a): duty to conduct a rent assessment in connection with a rent review required under the tenancy.	In 3 instances the POB did not issue a rent assessment proposal at the end of tenancy rent review. PCA has given advice to the POB.
Greene King	February 2023	Regulation 41(4)(a)(iii): A pub-owning business must ensure that the Business Development Manager makes appropriate notes of any discussions with tied pub tenants in connection with repairs to the tied pub premises.	Potentially 57 tenants affected over six-month period. POB has taken internal action to include clarifying Code duties with relevant staff. Tenants have been informed of breach and Code rights. PCA satisfied POB has taken appropriate action in the circumstances reported.
Marston’s	July 2022	Regulation 11: A pub-owning business must ensure that the tied pub tenant has received the information specified in Schedule 1 before the tenant considers the advice referred to in regulation 10(2)(a)	Isolated incident due to tenant’s circumstances. POB has informed tenant of breach. PCA satisfied POB has taken appropriate action in the circumstances reported.

Note: This is a record of breaches reported since 1 April 2022 when the self-reporting process was formalised.