Code avoidance and reports to the Secretary of State

The Code places certain duties on the regulated pub-owning businesses (POBs). The PCA is responsible for overseeing compliance with the Code. This factsheet does not deal with breaches of the Code, but with what happens if in the opinion of the PCA a POB is engaging in an “unfair business practice” which is intended to avoid duties under the Code.

An “unfair business practice” is a business practice a POB engages in, which in the PCA’s opinion is all of the following: 

• Designed to avoid the operation of the Code 
• Detrimental to tied pub tenants (TPTs) 
• Unfair 

If you have evidence indicating that a POB may be engaged in an unfair practice which is designed in order to avoid the Code and which is detrimental to TPTs, you can send this to the PCA at [email protected].

Where there is a dispute about whether or not a POB has complied with the Code, you may wish to contact your POB’s Code Compliance Officer (CCO) and/or you may be able to refer the dispute for arbitration. 

To find out more about the role of the CCO and for their contact details, please see our helpful factsheet.

For more information about: 

Making a Pubs Code arbitration referral visit our website page. 

Getting help and support with the Pubs Code and arbitration, see our helpful factsheet.

If the PCA is satisfied that the business practice meets all three of the above criteria, the PCA will report this to the Secretary of State.

The report will include recommendations as to: 

• how to stop the POB from engaging in the unfair business practice
•  how to provide redress for TPTs affected by the business practice

Where the PCA makes a report of an unfair business practice, the Secretary of State will issue a statement within three months.

That statement must say what the Secretary of State will do to protect TPTs affected by the unfair business practice.

For general queries about the information in this factsheet, you may contact our enquiry service. 

Please note, we can provide information about your rights, the Code and our processes. We cannot advise you about your case. 

Complete our online enquiry form 

Email: [email protected] 

Call 0800 528 8080 to request a call back

This factsheet provides information to support tenant understanding. It is not a substitute for the Pubs Code framework. Our website contains other useful information about accessing your Pubs Code rights and the PCA’s role as regulator in enforcing those rights. 

You may find it helpful to take independent professional advice before making any decisions that may affect you and your business.

Last updated: March 2025