Guidance

Information for and about regulated pub-owning businesses

Updated 5 December 2023

Applies to England and Wales

1. PCA guidance: Statutory guidance related to the Market Rent Only option.

The Pubs Code Adjudicator has issued statutory guidance to pub companies to remove barriers for tenants and ensure a fair and consistent approach to the Market Rent Only offer.

2. PCA Advice Note: application of the Pubs Code (Fees, Costs and Financial Penalties) Regulations 2016 to disputes about Independent Assessor determinations.

This statutory advice is to assist the industry on the application of the Pubs Code Fees Regulations to arbitration disputes about the determination by an Independent Assessor of the “Market Rent” payable for a Market Rent Only tenancy.

3. Regulatory Compliance Handbook: Demonstrating Compliance with the Pubs Code.

The Regulatory Compliance Handbook sets out the minimum standards that pubs companies must follow to be Code compliant. It also sets out the steps that they must take each time it prepares and issues a proposal for a Market Rent Only (MRO) tenancy to one of its tied tenants.

4. PCA Advice Note: Timing of referral for arbitration by tied pub tenants (non-MRO disputes).

This advice note addresses the position for referrals made under section 48 of the Small Business, Enterprise and Employment Act 2015 (2015 Act).

5. PCA Advice Note: Tied Rent Review Dispute Resolution Clauses and Disputes During the MRO Procedure.

The advice note addresses the use of a contractual dispute resolution clause during the market rent only (MRO) procedure to identify the tied rent upon a rent review where it cannot be agreed, after having invited industry observations on the matter.

6. PCA advice note: Taking the MRO option- Tied rent considerations.

This advice is intended to be a succinct summary of the relevant provisions of the Pubs Code Regulations that apply during the MRO procedure other than where the MRO gateway is renewal.

7. PCA advice note: Market Rent Only (MRO)-compliant proposals.

This statutory advice note details the PCA’s expectations in relation to MRO-compliant proposals.

8. Pubs Code: stocking requirements.

This note explains the law around stocking requirements and how the PCA will approach referrals for arbitration.

9. Pubs Code Adjudicator: investigation and enforcement.

Statutory guidance explaining how the PCA will investigate and enforce breaches of the Pubs Code.

10. Pubs Code Adjudicator guidance: beer waste and duty.

Statutory guidance in relation to pub-owning business’ statutory obligations to account accurately in Pubs Code Schedule 2 forecast profit and loss statements for the volume of alcohol on which duty has been paid and the volume of draught product waste which is unsaleable.

11. Pubs Code Adjudicator: Pubs Code Regulatory Compliance.

This information explains how the PCA responds to breaches reported by pub companies and suspected compliance issues, including the use of its legal powers and other regulatory tools.

12. Pubs Code Guidance: Publicly Available Pubs Code Data Table.

This table contains links to publicly available information and data on the operation of the Pubs Code. It is intended as a resource for professionals and any others with an interest in accessing data relating to the exercise by tied tenants of their Pubs Code rights.

*The six companies currently regulated by the Pubs Code publish monthly data on responses to MRO applications from tenants and the outcome of these on the BBPA website.