Award

Award Summary - June 2021 - 2

Pubs Code Adjudicator · Pubs Code (PCA) · England and Wales · June 2021

Why it matters

A Pubs Code arbitration (June 2021) on the pub company's duty to carry out a proper rent assessment, since the rent is what the tie ultimately costs the tenant.

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 pub company's duty to carry out a proper rent assessment, since the rent is what the tie ultimately costs the tenant; and the strict time limits that govern when steps must be taken, which often decide a Code dispute before the merits are even reached. 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.

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