UK Statutory Instrument SI 2016 United Kingdom

Pubs Code Regulations 2016

These Regulations are the first to be made under sections 42 to 45, 48, 69 and 71 of the Small Business, Enterprise and Employment Act 2015 (“SBEEA 2015”).

Enforced by
PCA
Status
In Force
Penalty ceiling
Prosecution 4 of 50 obligations carry a fine up to £2,000,000. 46 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Trader40 Any Person3 Landlord2 Occupier1

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts
Any Person — also bound by 2340 other Acts
Landlord — also bound by 224 other Acts
Occupier — also bound by 235 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General

0 of 8 sections shown
Part 2

Duties of pub-owning businesses in their dealings with their tied pub tenants: general

6 of 6 sections shown
s.009 Pubs entry training (opens in a new tab) Regulated
  • Advise tied pub tenants to complete pubs entry training before signing or renewing agreementsTrader
s.010 A sustainable business plan (opens in a new tab) Regulated
  • Ensure tied pub tenants have a sustainable business planTrader
s.011 The required information (opens in a new tab) Regulated
  • Provide required information to tenants before business planningTrader
s.012 Duty of pub-owning business where tenant intends to assign the tenancy (opens in a new tab) Regulated
  • Handle tenant's tenancy assignment request properlyTrader
s.013 Premises (opens in a new tab) Regulated
  • Inspect premises and maintain Schedule of Condition for tied pubsTrader
s.014 Short agreements (opens in a new tab) Regulated
  • Provide financial and utility information for short pub agreementsTrader
Part 3

Duties of pub-owning businesses in their dealings with their tied pub tenants: rent proposals

4 of 4 sections shown
s.015 Duty to provide a rent proposal (opens in a new tab) Regulated
  • Provide a rent proposal to tied pub tenantsTrader
s.016 Contents of the rent proposal (opens in a new tab) Regulated
  • Include required information in pub rent proposalsTrader
s.017 When the rent proposal must be provided (opens in a new tab) Regulated
  • Provide a rent proposal within specific legal deadlinesLandlord
s.018 Further information and advice in relation to the rent proposal (opens in a new tab) Regulated
  • Respond to tenant information requests and advise on professional helpTrader
Part 4

Duties of pub-owning businesses in their dealings with their tied pub tenants: rent assessments

3 of 4 sections shown
s.019 Duty to conduct a rent assessment or an assessment of money payable in lieu of rent (opens in a new tab) Regulated
  • Conduct rent assessments for tied pub tenantsTrader
s.020 The rent assessment proposal (opens in a new tab) Regulated
  • Provide a formal rent assessment proposal to tied pub tenantsTrader
s.021 Conduct of the rent assessment or the assessment of money payable in lieu of rent (opens in a new tab) Regulated
  • Conduct tied pub rent assessments according to RICS standardsTrader
1 other section in this Part — procedural and definitional
Part 5

Market rent only option: MRO notice

0 of 5 sections shown
Part 6

Market rent only option: procedure to be followed in connection with an offer

6 of 12 sections shown
s.028 Arrangements during the MRO procedure: rent etc (opens in a new tab) Regulated
  • Do not increase rent or change product ties during MRO procedureTrader
s.029 Effect of tenant’s notice (opens in a new tab) Regulated
  • Respond to a tenant's Market Rent Only (MRO) noticeTrader
s.032 Referrals to the Adjudicator for MRO non-compliance, etc. Regulated
  • Notify pub-owning business before referring MRO disputes up to the AdjudicatorAny Person
s.033 MRO procedure: referrals in respect of disputes about MRO compliance etc. Regulated
  • Provide a revised MRO response if ordered by the AdjudicatorTrader
s.033 MRO procedure: referrals in respect of procedural or event disputes (opens in a new tab) Regulated
  • Provide required full MRO response to tenant within 21 days of Adjudicator rulingTrader
s.035 Right to refer proposed MRO rent to the independent assessor (opens in a new tab) Regulated
  • Notify the pub-owning business of intention to refer rent to an assessorAny Person
6 other sections in this Part — procedural and definitional
s.the resolution period The resolution period
s.the updated full response The updated full response
Part 7

Market rent only option: independent assessor

3 of 3 sections shown
s.036 Appointment of the independent assessor (opens in a new tab) Regulated
  • Jointly appoint an independent assessor and split the costsTrader
s.037 Independent assessor: procedure (opens in a new tab) Prosecution
  • Provide lease documents and information to the independent rent assessorTrader

Fine up to £2,000,000

s.038 MRO procedure where a referral is made to the Adjudicator in connection with the independent assessor (opens in a new tab) Regulated
  • Accept or reject the independent assessor's market rent determination within 21 daysOccupier
Part 8

End of the MRO procedure

1 of 2 sections shown
s.039 End of the MRO procedure (opens in a new tab) Regulated
  • Enter into a Market Rent Only (MRO) tenancy as soon as practicableTrader
1 other section in this Part — procedural and definitional
Part 9

Business development managers and compliance officers

3 of 4 sections shown
s.041 Business development managers (opens in a new tab) Prosecution
  • Train and manage business development managers (BDMs) correctlyTrader

Fine up to £2,000,000

s.042 Duty to appoint a compliance officer (opens in a new tab) Regulated
  • Appoint a qualified compliance officerTrader
s.043 Annual compliance report (opens in a new tab) Regulated
  • Submit an annual compliance report to the Pubs Code AdjudicatorTrader
1 other section in this Part — procedural and definitional
Part 10

Miscellaneous

8 of 8 sections shown
s.045 Pub-owning business to notify Adjudicator of circumstances giving rise to extended protection Regulated
  • Notify the Adjudicator when transferring a tied pub with ongoing protectionTrader
s.045 Pub-owning business to notify Adjudicator and tied pub tenants of status under these Regulations (opens in a new tab) Regulated
  • Notify Adjudicator and tenants of 500+ tied pub statusLandlord
s.046 Insurance (opens in a new tab) Regulated
  • Provide insurance details and consider tenant's alternative quotesTrader
s.047 Gaming machines (opens in a new tab) Prosecution
  • Do not include gaming machine requirements in pub tenancies or licencesTrader

Fine up to £2,000,000

s.048 Blank template for profit and loss account (opens in a new tab) Regulated
  • Provide a blank profit and loss template upon tenant requestTrader
s.049 Sale of freehold or long leasehold (opens in a new tab) Regulated
  • Notify tied tenants if the pub's freehold or lease is being soldTrader
s.050 Tied pub tenant not to suffer detriment (opens in a new tab) Prosecution
  • Do not penalise tied pub tenants for exercising their legal rightsTrader

Fine up to £2,000,000

s.051 Flow monitoring devices (opens in a new tab) Regulated
  • Do not penalize tenants based solely on flow monitoring dataTrader
Part 11

Extended protection under these Regulations

0 of 2 sections shown
Part 12

Exemptions from these Regulations

1 of 3 sections shown
s.056 The investment exception (opens in a new tab) Regulated
  • Provide information and complete works under a tied pub investment agreementTrader
2 other sections in this Part — procedural and definitional
Part 13

Void or unenforceable terms

0 of 1 section shown
1 other section in this Part — procedural and definitional
Part 14

Disputes

3 of 4 sections shown
s.059 Referrals to the Adjudicator in connection with the independent assessor (opens in a new tab) Regulated
  • Accept or reject rent determination in writing within 21 daysAny Person
s.060 Arbitration commenced by pub-owning business (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must arbitrate MRO dispute when appointedStatutory regulator
s.061 Information required by the Adjudicator (opens in a new tab) Regulated
  • Pub-owning businesses must provide information requested by the AdjudicatorTrader
1 other section in this Part — procedural and definitional
Part 15

Group undertakings

2 of 3 sections shown
s.062 Adjudicator’s determination during referral of a dispute (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Adjudicator may treat parent companies as the 'pub-owning business' in disputesStatutory regulator
s.063 Investigations by the Adjudicator (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Adjudicator may treat parent or group companies as the pub-owning businessStatutory regulator
1 other section in this Part — procedural and definitional
Part 16

Transitional provisions

1 of 3 sections shown
s.066 Rent assessments (opens in a new tab) Regulated
  • Provide rent assessment proposal to tied pub tenants within set timeframesTrader
2 other sections in this Part — procedural and definitional
Part 17

Review

1 of 1 section shown
s.068 Review of Parts 11 to 16 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review and report on Parts 11–16Crown / Minister / Government department
Schedules

Schedules

8 of 53 shown
s.sch001 The premises Regulated
  • Provide full premises description to tied pub tenantsTrader
s.sch001 Where the pub-owning business has a code of practice which... Regulated
  • Provide a copy of your code of practice to tied pub tenantsTrader
s.sch001 Assignment Regulated
  • Include assignment procedures in your pub code of practiceTrader
s.sch001 In cases where damage to the premises to which the... Regulated
  • Have a policy on rent and tie suspensions when premises are damagedTrader
s.sch001 Additional information where new agreement is a pub franchise agreement Regulated
  • Provide additional information when entering into a pub franchise agreementTrader
s.sch001 Where a tied pub tenant is in breach of the... Regulated
  • Have procedures for notifying tied pub tenants of breaches and remediesTrader
s.sch002 The statement, figures and other information which the pub-owning business... Regulated
  • Provide clear and justified financial information to tied pub tenantsTrader
s.sch002 Any information which the pub-owing business provides under paragraph 5,... Regulated
  • Provide accurate historical data and reasonable projections to tied pub tenantsTrader
45 other schedules
s.sch001 Regulations and code of practice
s.sch001 Whether the fixtures and fittings in the tied pub are...
s.sch001 Maintenance and repair
s.sch001 The pub-owning business’s procedures for discharging its obligations to repair...
s.sch001 Where the tenancy or licence requires the tied pub tenant...
s.sch001 The procedures to be followed in connection with the respective...
s.sch001 Where, before entering into a new agreement, a short agreement,...
s.sch001 Any requirements under the tenancy or licence in relation to...
s.sch001 (1) The pub-owning business’s policy for investing in the premises...
s.sch001 The respective obligations of the pub-owning business and the tied...
s.sch001 Obligations in relation to the purchase of tied products and services
s.sch001 Advice and support
s.sch001 The pub-owning business’s policy (if any) for dealing with requests...
s.sch001 The circumstances (if any) in which the pub-owning business may...
s.sch001 The events, the occurrence of which, entitle the tied pub...
s.sch001 Insurance
s.sch001 Where the tied pub tenant is responsible for insuring the...
s.sch001 Payment of rent and deposits
s.sch001 Where the tenancy or licence provides that the rent or...
s.sch001 The type of tenancy or licence
s.sch001 Information in respect of other support available in cases where...
s.sch001 Details of any other fees, charges, including service charges, or...
s.sch001 Other obligations
s.sch001 Breaches
s.sch001 Information about the procedures which may be followed by the...
s.sch001 Whether the tenancy offered by the pub-owning business is a...
s.sch001 Whether there is a superior landlord and, if so, the...
s.sch001 The length of the tenancy, licence or relevant tie agreement...
s.sch001 Whether the tied pub tenant or the pub-owning business may...
s.sch001 Details of the pub-owning business’s procedures for responding to any...
s.sch001 In paragraphs 6 to 8 a “relevant tie agreement” is...
s.sch002 A summary of the methods which must be used under...
s.sch002 In paragraph 5(c) “duty” means any duty of excise charged...
s.sch002 Any information in Schedule 1 which— (a) the tied pub...
s.sch002 A timetable specifying the dates on which any other information...
s.sch002 An outline of the procedure to be followed during negotiations...
s.sch002 A list of the matters which will be considered to...
s.sch002 Information in respect of the cost of service charges relating...
s.sch002 A forecast profit and loss statement for the tied pub...
s.sch002 The figures which are provided under paragraph 5 must be...
s.sch002 The profit and loss statement provided under paragraph 5 must...
s.sch003 Documents held by the tied pub tenant or the pub-owning...
s.sch003 Documents held by the tied pub tenant or the pub-owning...
s.sch003 For the purposes of paragraph 2, a “reasonable forecast” is...
s.sch003 Documents held by the tied pub tenant or the pub-owning...

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