What the Code is
The Scottish Pubs Code governs the relationship between tied pub tenants and their landlords (pub-owning businesses) in Scotland, requiring fair treatment and transparency from both sides. It's set out in the Scottish Pubs Code Regulations 2024, as amended by the Tied Pubs (Miscellaneous Amendment) (Scotland) Regulations 2024, and came into effect on 31 March 2025. Compliance is enforced by the Scottish Pubs Code Adjudicator.
What the Code covers
The Code applies to pubs in Scotland held under a tied lease. It does not apply to managed pubs, or to pubs in Scotland that are already free of tie.
Key rights it establishes
The Code gives tied pub tenants:
the right to a fair rent assessment
the right to sell a guest beer of their choice, from a small brewer, with some limitations
the right to apply for a market rent only (MRO) lease, to move free-of-tie under certain conditions
rights for new and prospective tied tenants, to make sure they have the right information and training when starting out
Key obligations it establishes
The Code requires pub-owning businesses with tied tenants to:
provide pre-lease information, including repair history and projected costs, before a lease is signed
offer a market rent only lease when a tenant is entitled to request one
submit a self-disclosure form to the Adjudicator if a breach of the Code is identified
pay a levy where one is set by the Adjudicator with the approval of Scottish Ministers
Terms that can't be enforced
Prohibited outright
Some lease terms are void because they directly contravene the Code:
any term that stops a tenant enforcing their rights under the Code, or punishes them for doing so
any rent review or rent assessment term that only the landlord can trigger
any term saying rent can only increase, or cannot decrease, through the rent review or assessment process
Overridden by the Code
Other lease terms can't be enforced where they conflict with rights the Code grants, including rights to:
information and advice for prospective tied pub tenants
rent review and rent assessment
request a market rent only lease
a guest beer agreement
Gaming machines
New tied-pub leases cannot require a tenant to buy or rent gaming machines from the landlord or a nominated supplier.
Flow monitoring devices
A landlord cannot hold a tenant responsible, or apply any negative consequence, based on flow monitoring device readings alone - without other supporting evidence about alcohol purchase and stocking.