The Tied Pubs (Scotland) Act 2021 (asp 17) is an act of the Scottish Parliament which seeks to re-balance the relationship between the landlords of tied pubs and their tenants.[1]
| Act of the Scottish Parliament | |
 | |
| Long title | An Act of the Scottish Parliament to establish a Scottish Pubs Code to govern the relationship between tenants and owners of tied pubs; to establish the office of Scottish Pubs Code Adjudicator; and for connected purposes. |
|---|---|
| Citation | 2021 asp 17 |
| Introduced by | Neil Bibby MSP |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 5 May 2021 |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Text of the Tied Pubs (Scotland) Act 2021 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
History
editAt stage 1, the Economy and Fair Work Committee commended the intent behind the bill, but did not agree that legislation is required, and did not support the general principles of the bill.[2] The report did describe that the establishment of a statutory code, an independent adjudicator and a market only rent option were welcome and overdue measures for a minority of committee members.[2]
In 2023, senior judge has passed an interim order preventing the Scottish government from introducing regulations under the Act.[3] The Act was ruled to be within the legislative competence of the Scottish Parliament.[4]
The first Scottish Pubs Code Adjudicator, Sarah Havlin was appointed in April 2024 for a period of three years.[5]
Provisions
editThe Act requires the Scottish Government to publish a Scottish Pubs Code and to appoint a new Scottish Pubs Code Adjudicator.[6] The Act frees up tenants to be able to sell guest beers from smaller producers or move to a market rate lease that allows other suppliers.[7]
Reception
editThe president of the Scottish Beer and Pub Association, and chief operating officer of Hawthorn, The Community Pub Company wrote a column describing criticisms of the bill.[8]
The Scottish Licensed Trade Association, which represents independent licensees, supported the bill on the basis that it would strengthen the ability of tenants to negotiate with pub landlords.[9]
See also
editReferences
edit- ^ Skilling, Mitchell (12 December 2022). "Challenge to legislative competency of Scottish tied pubs legislation rejected by Lord Ordinary". Scottish Legal News. Scottish Legal News Ltd. Archived from the original on 12 December 2022. Retrieved 5 October 2024.
- ^ a b "Stage 1 Report on the Tied Pubs (Scotland) Bill". Scottish Parliament. 5 October 2021. Archived from the original on 28 February 2024. Retrieved 5 October 2024.
- ^ "Judge blocks new Scottish government pub laws". BBC News. British Broadcasting Corporation. 27 February 2023. Archived from the original on 19 March 2023. Retrieved 4 October 2024.
- ^ "Tied Pubs Act within Holyrood competence: Inner House". Law Society of Scotland. 10 July 2023. Archived from the original on 16 December 2023. Retrieved 5 October 2024.
- ^ Lochhead, Richard (29 April 2024). "Appointment of the Scottish Pubs Code Adjudicator". Scottish Parliament. Archived from the original on 5 October 2024. Retrieved 5 October 2024.
- ^ Peattie, Karen (12 April 2024). "Pubs code promises fairer deal for Scotland's pub tenants". The Herald. Newsquest Media Group. Archived from the original on 25 May 2024. Retrieved 4 October 2024.
- ^ Meighan, Craig (12 April 2024). "'New deal for Scots pubs will see more options for consumers at the bar'". STV News. STV Group plc. Archived from the original on 27 May 2024. Retrieved 5 October 2024.
- ^ Monfries, Edith (23 March 2021). "Tied Pubs (Scotland) Bill: Why proposed new law could be far worse than the impact of Covid on pubs – Edith Monfries". The Scotsman. National World Publishing Ltd. Archived from the original on 24 March 2021. Retrieved 4 October 2024.
- ^ Wright, Scott (2 March 2021). "Scottish pub groups on collision course over controversial Bill". The Herald. Newsquest Media Group Ltd. Archived from the original on 2 March 2021. Retrieved 4 October 2024.