The Pubs Code adjudicator (PCA) has published a revised version of the Regulatory Compliance Handbook, and two new factsheets, answering tenants’ questions about the Pubs Code and its processes.
Pubs Code adjudicator Fiona Dickie
The handbook outlines minimum standards of compliance that the PCA expects regulated pub companies to adopt in their dealings with their tied tenants, including when preparing and offering Market Rent Only (MRO) terms.
The handbook includes an MRO Compliance Record and Declaration, which must be signed by the code compliance officer every time an MRO proposal is issued. The PCA encourages every tenant who makes an MRO request to ask for a copy of the declaration.
The factsheets look at trigger events under the Pubs Code, and the roles of business development managers and code compliance officers.
A trigger event gives a tied tenant the right to ask their pub company for a rent assessment or MRO offer. The factsheet sets out the conditions that must be satisfied under the code to show that an event which has a significant impact on trade is a ‘trigger event’; and it explains the steps that tenants should take if they believe there has been a trigger event and wish to pursue their code rights. Find out more…
The other factsheet explains how the Pubs Code defines business development managers and code compliance offcers and sets out their statutory roles and responsibilities. It covers the obligations on BDMs to act fairly and lawfully in their dealings with tenants; and to take and share notes of all discussions with tenants in connection with rent, repairs, and business plans. It also confirms that CCOs must be available to deal with tenant queries about the code. Find out more…
Commissioned by the PCA, Hive IT is currently talking directly to tied tenants and the wider industry to gather opinions about Pubs Code and PCA communications.
PCA Fiona Dickie said: “Thank you to everyone who has been involved to date. We understand tenants have been extremely busy and are pleased that many have taken time to talk to us.
“We are now nearing the end of the research and want to hear from as many tenants as possible. In particular, we want to talk to those who have taken on their first tied tenancy since April 2019, to understand their experiences and to hear their views on the usefulness and relevance of the Pubs Code information, training, and business planning processes available to them before they took on their tenancy.” The survey can still be taken here.