Overview
A tied-pub tenant can request a guest beer agreement - the right to sell at least one beer of their own choosing, in whatever format (cask, keg, bottle or can), at a price they set, and to change that beer as often as they like. The beer must come from a brand producing 5,000 hectolitres or less a year (or, for a new beer, estimated to stay under that in its first year).
What the tenant needs to know
Making a request
Contact your landlord in writing - no specific wording or formal notice is required. Unless you already have a compliant agreement in place, your landlord must offer you one as soon as possible, and no later than 4 weeks after your request.
Costs
Each side covers its own legal costs. The only cost that can be built into the agreement is a service equipment charge - a reasonable charge for servicing or maintaining the equipment used to sell your guest beer, based on how much that equipment is actually used for it relative to your other products.
What the agreement can't do
It can't penalise you or require you to stop selling any product. It may only amend your lease to add the guest beer agreement and, if agreed, the service equipment charge.
If you already have an agreement
Your landlord can decline a new request if your existing agreement already meets the Code's requirements - free choice of beer, in your chosen format, changeable as often as you need, at no extra cost beyond a service equipment charge.
If there's a dispute
You can submit a formal complaint to the Adjudicator, who will assess the specific facts to determine whether the Code has been breached.
What the pub-owning business must do
No separate pub-owning-business source page exists for this topic - the following is reframed from the tenant-facing guidance above, not cross-checked against a second document.
Responding to a request
Unless a compliant guest beer agreement is already in place, you must offer one as soon as possible and no later than 4 weeks after the tenant's written request. You may decline only where an existing agreement already gives the tenant free choice of beer and format, changed as often as needed, at no extra cost beyond a service equipment charge.
Managing production-level compliance
If you believe the tenant's chosen brand exceeds the 5,000-hectolitre threshold, you can ask in writing for it to be changed - giving fair and reasonable notice.
Charging for the agreement
The only cost you can pass on is a reasonable service equipment charge, proportionate to how much the equipment is used for the guest beer specifically. You cover your own legal costs, and cannot penalise the tenant or require them to stop selling any other product.
Process and timeline
Tenant makes a written request.
Landlord offers an agreement - up to 4 weeks, unless a compliant agreement is already in place.
Terms agreed - beer, format, any service equipment charge.
Ongoing: tenant can change the guest beer as often as they like. If production later exceeds the threshold, the landlord can request a change with fair and reasonable notice. Unresolved disputes go to the Adjudicator.
Related forms, templates and guidance
SPCA Enquiry Line - 0300 244 1225 - pubscodeadjudicator@gov.scot