How does the Pubs Code help me and my business?

The Pubs Code regulates the relationship between the largest pub companies owning 500 or more tied pubs in England and Wales and their tied pub tenants. The Pubs Code gives tied tenants important legal rights to ensure fairness and improve their negotiating strength.

The Pubs Code has 2 core principles: 

• There should be fair and lawful dealing by pub companies towards their tied tenants.
• Those tied tenants should be no worse off than if they were free of tie

Am I covered by the Pubs Code?

You have rights under the Pubs Code if you have (or are negotiating for) a tenancy, lease or licence with one of the regulated pub companies that requires some, or all, of the alcohol sold at the pub must be supplied by the landlord (or landlord's group of companies) or someone they nominate. 

How am I protected?

This website provides you with detailed information on your rights. This is an overview of some of the key points:

Fairness when taking on a new agreement

• before you decide take on the pub you are given all the information you need to seek independent professional advice and prepare a sustainable business plan

Fair rent negotiations

• the pub company gives you valuable and detailed information when you are negotiating the rent
• you can ask for a rent review at least every 5 years

Right to choose whether to go free of tie

• every time you have the right to renegotiate your tied rent under the Pubs Code you can ask to compare it with a free of tie option - known as the Market Rent Only (MRO) option
• the free of tie rent can be independently assessed if you can’t agree
• use this right to negotiate and choose the best commercial outcome for your business

Fair dealing from your pub company

• the pub company must treat you fairly and lawfully when talking about rent, repairs, and business planning – and send you accurate records of those discussions
• each pub company must have a Code Compliance Officer available to answer questions about your Pubs Code rights and the pub company’s compliance

Other important Pubs Code rights include…

• ability to price match premises insurance
• gaming machine tie cannot be required in new agreements
• upwards only tied rent reviews not allowed
• franchisees get more information
• rules about use of flow monitoring devices