UK Statutory Instrument
2016
United Kingdom
Pubs Code etc. Regulations 2016
At a glance
Enforced by
What's here
48 compliance obligations, 1 practical guide
Penalty landscape
4 of 48 obligations carry a fine up to £2,000,000. 44 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Trader 40
- Any Person 3
- Landlord 2
- Occupier 1
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Traders also bound by 826 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 413 duties
- Companies Act 2006 2006 243 duties
- The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 2008 114 duties
- Insolvency (England and Wales) Rules 2016 2016 62 duties
- Building Societies Act 1986 1986 56 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Landlords also bound by 216 other Acts (top 5 shown)
- Renting Homes (Wales) Act 2016 2016 74 duties
- Housing Act 1985 1985 53 duties
- Housing Act 1996 1996 30 duties
- The Service Charges (Consultation Requirements) (England) Regulations 2003 2003 27 duties
- The Service Charges (Consultation Requirements) (Wales) Regulations 2004 2004 26 duties
Occupiers also bound by 259 other Acts (top 5 shown)
- The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 2021 39 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 34 duties
- The Welfare of Animals (Slaughter or Killing) Regulations 1995 1995 34 duties
- Highways Act 1980 1980 23 duties
- Nitrate Pollution Prevention Regulations 2015 2015 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — General
Browse 8 other sections in this Part — procedural / definitional / commencement
Citation, commencement and extent
General interpretation
Significant increase in price: beer
Significant increase in price: alcoholic drink other than beer
Significant increase in price: products other than alcoholic drink
Significant increase in price: services
Trigger events
Periods of time
Part 2 — Duties of pub-owning businesses in their dealings with their tied pub tenants: general
Pubs entry training
- Advise tied pub tenants to complete pubs entry training before signing or renewing agreements Trader
A sustainable business plan
- Ensure tied pub tenants have a sustainable business plan Trader
The required information
- Provide required information to tenants before business planning Trader
Duty of pub-owning business where tenant intends to assign the tenancy
- Handle tenant's tenancy assignment request properly Trader
Premises
- Inspect premises and maintain Schedule of Condition for tied pubs Trader
Short agreements
- Provide financial and utility information for short pub agreements Trader
Part 3 — Duties of pub-owning businesses in their dealings with their tied pub tenants: rent proposals
Duty to provide a rent proposal
- Provide a rent proposal to tied pub tenants Trader
Contents of the rent proposal
- Include required information in pub rent proposals Trader
When the rent proposal must be provided
- Provide a rent proposal within specific legal deadlines Landlord
Further information and advice in relation to the rent proposal
- Respond to tenant information requests and advise on professional help Trader
Part 4 — Duties of pub-owning businesses in their dealings with their tied pub tenants: rent assessments
Duty to conduct a rent assessment or an assessment of money payable in lieu of rent
- Conduct rent assessments for tied pub tenants Trader
The rent assessment proposal
- Provide a formal rent assessment proposal to tied pub tenants Trader
Conduct of the rent assessment or the assessment of money payable in lieu of rent
- Conduct tied pub rent assessments according to RICS standards Trader
Browse 1 other section in this Part — procedural / definitional / commencement
Part 5 — Market rent only option: MRO notice
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 6 — Market rent only option: procedure to be followed in connection with an offer
Arrangements during the MRO procedure: rent etc
- Do not increase rent or change product ties during MRO procedure Trader
Effect of tenant’s notice
- Respond to a tenant's Market Rent Only (MRO) notice Trader
Referrals to the Adjudicator for MRO non-compliance, etc.
- Notify pub-owning business before referring MRO disputes up to the Adjudicator Any Person
MRO procedure: referrals in respect of disputes about MRO compliance etc.
- Provide a revised MRO response if ordered by the Adjudicator Trader
MRO procedure: referrals in respect of procedural or event disputes
- Provide required full MRO response to tenant within 21 days of Adjudicator ruling Trader
Right to refer proposed MRO rent to the independent assessor
- Notify the pub-owning business of intention to refer rent to an assessor Any Person
Browse 6 other sections in this Part — procedural / definitional / commencement
Terms and conditions required in proposed MRO tenancy
Terms and conditions regarded as unreasonable in relation to proposed MRO tenancy etc
MRO response: procedural or event dispute
The negotiation period
The resolution period
The updated full response
Part 7 — Market rent only option: independent assessor
Appointment of the independent assessor
- Jointly appoint an independent assessor and split the costs Trader
Independent assessor: procedure
Fine up to £2,000,000- Provide lease documents and information to the independent rent assessor Trader
MRO procedure where a referral is made to the Adjudicator in connection with the independent assessor
- Accept or reject the independent assessor's market rent determination within 21 days Occupier
Part 8 — End of the MRO procedure
End of the MRO procedure
- Enter into a Market Rent Only (MRO) tenancy as soon as practicable Trader
Browse 1 other section in this Part — procedural / definitional / commencement
Part 9 — Business development managers and compliance officers
Business development managers
Fine up to £2,000,000- Train and manage business development managers (BDMs) correctly Trader
Duty to appoint a compliance officer
- Appoint a qualified compliance officer Trader
Annual compliance report
- Submit an annual compliance report to the Pubs Code Adjudicator Trader
Browse 1 other section in this Part — procedural / definitional / commencement
Part 10 — Miscellaneous
Pub-owning business to notify Adjudicator of circumstances giving rise to extended protection
- Notify the Adjudicator when transferring a tied pub with ongoing protection Trader
Pub-owning business to notify Adjudicator and tied pub tenants of status under these Regulations
- Notify Adjudicator and tenants of 500+ tied pub status Landlord
Insurance
- Provide insurance details and consider tenant's alternative quotes Trader
Gaming machines
Fine up to £2,000,000- Do not include gaming machine requirements in pub tenancies or licences Trader
Blank template for profit and loss account
- Provide a blank profit and loss template upon tenant request Trader
Sale of freehold or long leasehold
- Notify tied tenants if the pub's freehold or lease is being sold Trader
Tied pub tenant not to suffer detriment
Fine up to £2,000,000- Do not penalise tied pub tenants for exercising their legal rights Trader
Flow monitoring devices
- Do not penalize tenants based solely on flow monitoring data Trader
Part 11 — Extended protection under these Regulations
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 12 — Exemptions from these Regulations
The investment exception
- Provide information and complete works under a tied pub investment agreement Trader
Browse 2 other sections in this Part — procedural / definitional / commencement
Short agreements
Pub franchise agreements
Part 13 — Void or unenforceable terms
Browse 1 other section in this Part — procedural / definitional / commencement
Part 14 — Disputes
Referrals to the Adjudicator in connection with the independent assessor
- Accept or reject rent determination in writing within 21 days Any Person
Information required by the Adjudicator
- Pub-owning businesses must provide information requested by the Adjudicator Trader
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 15 — Group undertakings
Adjudicator’s determination during referral of a dispute
Other duties (1) — Crown / regulator
- Adjudicator may treat parent companies as the 'pub-owning business' in disputes Statutory regulator
Investigations by the Adjudicator
Other duties (1) — Crown / regulator
- Adjudicator may treat parent or group companies as the pub-owning business Statutory regulator
Browse 1 other section in this Part — procedural / definitional / commencement
Part 16 — Transitional provisions
Rent assessments
- Provide rent assessment proposal to tied pub tenants within set timeframes Trader
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 17 — Review
Browse 1 other section in this Part — procedural / definitional / commencement
Review of Parts 11 to 16
Schedules
The premises
- Provide full premises description to tied pub tenants Trader
Where the pub-owning business has a code of practice which...
- Provide a copy of your code of practice to tied pub tenants Trader
Assignment
- Include assignment procedures in your pub code of practice Trader
In cases where damage to the premises to which the...
- Have a policy on rent and tie suspensions when premises are damaged Trader
Additional information where new agreement is a pub franchise agreement
- Provide additional information when entering into a pub franchise agreement Trader
Where a tied pub tenant is in breach of the...
- Have procedures for notifying tied pub tenants of breaches and remedies Trader
The statement, figures and other information which the pub-owning business...
- Provide clear and justified financial information to tied pub tenants Trader
Any information which the pub-owing business provides under paragraph 5,...
- Provide accurate historical data and reasonable projections to tied pub tenants Trader
Browse 45 other Schedules — structural / supplementary
Regulations and code of practice
Whether the fixtures and fittings in the tied pub are...
Maintenance and repair
The pub-owning business’s procedures for discharging its obligations to repair...
Where the tenancy or licence requires the tied pub tenant...
The procedures to be followed in connection with the respective...
Where, before entering into a new agreement, a short agreement,...
Any requirements under the tenancy or licence in relation to...
(1) The pub-owning business’s policy for investing in the premises...
The respective obligations of the pub-owning business and the tied...
Obligations in relation to the purchase of tied products and services
Advice and support
The pub-owning business’s policy (if any) for dealing with requests...
The circumstances (if any) in which the pub-owning business may...
The events, the occurrence of which, entitle the tied pub...
Insurance
Where the tied pub tenant is responsible for insuring the...
Payment of rent and deposits
Where the tenancy or licence provides that the rent or...
The type of tenancy or licence
Information in respect of other support available in cases where...
Details of any other fees, charges, including service charges, or...
Other obligations
Breaches
Information about the procedures which may be followed by the...
Whether the tenancy offered by the pub-owning business is a...
Whether there is a superior landlord and, if so, the...
The length of the tenancy, licence or relevant tie agreement...
Whether the tied pub tenant or the pub-owning business may...
Details of the pub-owning business’s procedures for responding to any...
In paragraphs 6 to 8 a “relevant tie agreement” is...
A summary of the methods which must be used under...
In paragraph 5(c) “duty” means any duty of excise charged...
Any information in Schedule 1 which— (a) the tied pub...
A timetable specifying the dates on which any other information...
An outline of the procedure to be followed during negotiations...
A list of the matters which will be considered to...
Information in respect of the cost of service charges relating...
A forecast profit and loss statement for the tied pub...
The figures which are provided under paragraph 5 must be...
The profit and loss statement provided under paragraph 5 must...
Documents held by the tied pub tenant or the pub-owning...
Documents held by the tied pub tenant or the pub-owning...
For the purposes of paragraph 2, a “reasonable forecast” is...
Documents held by the tied pub tenant or the pub-owning...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- PCA Market Rent Only guidance (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Pubs Code Adjudicator
Enforces the Pubs Code regulating the relationship between tied pub tenants and large pub-owning businesses (500+ tied pubs). Ensures fair dealing and …
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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.