Award Summary - April 2021 - 1
Pubs Code Adjudicator · Pubs Code (PCA) · England and Wales · April 2021
Why it matters
A Pubs Code arbitration (April 2021) on the sustainable business plan a tenant must be able to expect, the test of whether a tied pub can realistically be run at a profit.
Summary
A Pubs Code arbitration between a large pub company and one of its tied tenants (the company is not named in the published summary). The dispute touched several duties at once: the sustainable business plan a tenant must be able to expect, the test of whether a tied pub can realistically be run at a profit; the terms around gaming machines, a common source of hidden cost in the tied relationship; the treatment of the premises and the schedule of condition, which sets what the tenant is responsible for; and the Schedule 1 information a pub company must give a prospective tenant before they sign. For a student, it shows how the Pubs Code works in practice: the Code gives tied tenants in England and Wales statutory protections against the pub company that owns their pub, and the Pubs Code Adjudicator resolves disputes about them by binding arbitration, publishing the award (in summary or redacted form) so the rest of the industry can learn from it.
The detail
Parties: A pub-owning business and a tied tenant
Outcome: See the published award for the Adjudicator's findings.
Applicable law: Pubs Code etc. Regulations 2016; Small Business, Enterprise and Employment Act 2015
Issues in play: Pubs Code
Read the full decision at Pubs Code Adjudicator ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.