Award Summary - November 2022 - 1
Pubs Code Adjudicator · Pubs Code (PCA) · England and Wales · November 2022
Why it matters
A Pubs Code arbitration (November 2022) 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; the strict time limits that govern when steps must be taken, which often decide a Code dispute before the merits are even reached; and the procedure for referring a dispute to arbitration, the practical gateway a tenant must pass through to bring a Code claim at all. 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.