Register of Self-reported Breaches by Pub-owning Businesses to the Pubs Code Adjudicator
Updated 13 June 2024
Applies to England and Wales
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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 | |
|---|---|---|---|---|
| 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 the 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 is 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.