Pubs Code Adjudicator publishes statutory review submission.
The PCA has published its submission to the statutory review of the Pubs Code and Adjudicator currently being conducted by BEIS.
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The office of the Pubs Code Adjudicator has published its submission to the statutory review of the Pubs Code and Adjudicator currently being conducted by the Department for Business, Energy and Industrial Strategy (BEIS).
As the statutory regulator entrusted with enforcing the Pubs Code – with the Pubs Code Adjudicator and Deputy Adjudicator having personally arbitrated numerous disputes brought by tied tenants and pub companies, having sight of evidence from different sources involved in the industry and having seen how pub companies themselves have responded to the challenge of becoming part of a regulated community – the PCA has a unique insight into how the Code has operated in practice during its first three years.
The response by the Pubs Code Adjudicator and Deputy Adjudicator explores a number of themes that have commonly arisen in both Pubs Code arbitration proceedings and in other evidence on Code compliance. Many of these relate to the process for requesting and agreeing a Market Rent Only (MRO) agreement which, in the opinion of the Adjudicator and Deputy Adjudicator, has proved too rigid, has not incentivised negotiation and has consequently not delivered the rebalancing in influence and negotiating strength in favour of tenants that the legislation intended.
The response also sets out the views of the Adjudicator and Deputy Adjudicator on the suitability of arbitration as the vehicle for resolving Pubs Code disputes.