Frequently Asked Questions

The initial phase of the Scottish Pubs Code Regulations 2024, which came into effect on 31st March 2025, established the rights of tied pub tenants and introduced a guest beer option for tied tenants. The subsequent phase of the Regulations will be implemented on 30th June 2025, addressing Market Rent Only (MRO), rent assessment, and rent review. The Scottish Pubs Code Adjudicator (SPCA) has been appointed to oversee and enforce compliance with the Code.

“What does the Scottish Pubs Code Regulations 2024 cover?"
- The regulations cover all stages of the tied tenants' journey from the initial steps of taking a tied pub, to their agreement ending.

“Who is covered by the code?"
- The Code applies to any tied pub in Scotland, unlike in England and Wales where there is a minimum threshold.

“What are the principles of the Regulations?"
- Fair and lawful dealing by pub-owning businesses in relation to their tied pub tenants.
- Tied pub tenants should not be worse off than they would be if they were not subject to any product or service.
- Tied agreements offer a fair share of risk and reward to both parties.

“Who is the SPCA and how do I contact them?"
- The SPCA is Sarah Havlin, and she can be contacted at pubscodeadjudicator@gov.scot. Further information and updates for the SPCA can be found on the Scottish Pubs Code Adjudicator website here.

Taking a pub with Star

“Is Star required to provide specific information before I submit a business plan?”
- Yes, the regulations require a pub-owning business to information before a proposed tied-pub tenant creates a business plan. This ‘Pub Pack’ will be requested on your behalf by your Business Development Manager. It contains an array of information about the pub you are applying for and relevant information stipulated under the regulations.

“Are proposed tied pub tenants required to complete pre-entry training?”
- The regulations outline before entering into a tied-pub lease a prospective tenant must be advised by the pub-owning business to complete appropriate pre-entry training, and give the prospective tenant information about providers of such training.

“What is 'appropriate pre-entry training'?”
- The regulations describe this as any material which raises awareness on ‘matters involved in operating a pub and entering into product ties or other agreements with landlords, and material explaining tied pub tenant obligations and responsibilities. The British Institute of Innkeeping (BII) have an e-learning Pre-Entry Awareness Training module that can be found here.

“Are any prospective tenants exempt from 'appropriate pre-entry training'?”
- Pub owning businesses are not required to give advice and information if the prospective tenant/s meet the following criteria: a) is currently, or b) has been, within the period of 3 years ending on the day on which the lease is proposed to start; a tied pub tenant.

Understanding my guest beer rights

“Guest beer - who does this apply to, and what does it mean?”
- The regulations allow tied tenants the right to request to sell any guest beer at any time of their tied agreement. The guest beer can be in any form such as cask, keg or packaged however the production capacity of the brand must be less than 5,000 h/l.

“How do tenants go about requesting guest beer?”
- Any requests must be in writing and emailed to pubscode@starpubs.co.uk. Upon receipt Star will issue an offer to enter into a guest beer agreement in writing. This will be done within 4 weeks beginning with the day on which the tied tenant’s request is received. The offer will include information on any service equipment charge where applicable to the guest beer agreement and other relevant information.

“Who covers the cost of the guest beer agreement?”
- The pub owning business and the tied tenant are to meet their own legal costs in connection with entering into a guest beer agreement. However, the tied-pub tenant and the pub-owning business must take reasonable steps to minimise the costs, and the administrative burden of entering into a guest beer agreement.

“What do the regulations say about gaming machines in Scotland?”
- The regulations clearly set out that a pub owning business must not enter into a new tied pub lease which places a mandatory requirement on a tied-pub tenant to purchase or rent gaming machines from (a)the pub owning business, or (b)a supplier nominated by the pub owning business.

“How are conversations recorded with my business development manager?”
- All matters discussed with your business development manager (BDM) at your business review must be recorded. These must be provided to you within 14 days including the day in which the conversation was held. This business review sheet (BRS) must also give the you 7 days in which to dispute the contents, starting from the day it is received.

Market Rent Only and Investment Waivers

“What about MRO (Market Rent Only), and when can I apply for that?”
- From 30th June 2025 tied pub tenants are eligible for MRO at the halfway point of their agreement. If you are approaching the halfway point, please contact your Estates Manager who will explain the full process. If you have any further questions, you can contact Star’s Code Compliance Officer at pubscode@starpubs.co.uk.

“Does the Investment exemption apply under the regulations?”
- From 30th June 2025 all Investment agreements are offered on a standard five-year term. If the agreement is a ‘qualifying agreement’ under the Code, we must confirm in writing that agreement waives the tenants right to request MRO for 5 years. This starts from the date the investment agreement is signed and entered into.

Advisors

“Should I appoint an advisor to help me with my options?”
- Star always recommends that you take independent advice to help you and to advise you of which options are best for you.

“Who is best to advise me?”
- Star cannot endorse advisors. However, you need to consider what services the advisor is offering. Chartered Surveyors with experience in pubs are able to offer advice on agreements and rent, however sometimes more specialist legal advice may be required from a solicitor. Accountants may also give advice on the business aspects of your decision.

“Where can I get further help and information?”
- Members if the BII (British Institute if Innkeepers) have access to some initial free advice through the network of advisors they have accredited. Membership of the BII is available to all tied tenants free of charge as part of your tied support package. Further details can be found here. The RICS and Law Society can also advise of members that specialise in pubs and MRO cases.

“When appointing an advisor what should I look for?”
- The most important aspect to consider is their experience and impartiality. Have they dealt with pubs before? Consider what they are advising on - rent, legal agreement or broader business advice? Are they interested in the best outcome for me or are they pushing for a fee? Are they RICS accredited and therefore covered by professional standards and minimum performance standards?

“What can I do if I am unhappy with regards to any Pubs Code issues?”
- In the first instance you should write to pubscode@starpubs.co.uk. Ultimately, if we are unable to resolve any disputes you can refer the matter to the Scottish Pubs Code Adjudicator’s Office.

“How can the Compliance Code Officer help? When and how can I contact the CCO?”
- The CCO for Star Pubs is Lynne Winter. She can be contacted via pubscode@starpubs.co.uk.