Newby publishes draft guidance on pubs code enforcement

The pubs code, which came into force on 21 July, gives tied tenants of Admiral Taverns, Enterprise Inns, Greene King, Marston's, Punch and Star Pubs & Bars in England and Wales more rights and greater protection. That includes increased transparency about the tied deals available, a fair rent assessment and the right to move to a free-of-tie tenancy in certain circumstances.

Paul Newby has now published his plan for how he plans to investigate and punish code breaches by any of the pubcos. These punishments could include recommendations to a pub company on what it must do to comply with the code; requiring a pub company to publish information; or the imposition of a financial penalty of up to 1% of the pub-owning group’s annual turnover.

Full plans on how Newby plans to enforce the code have been published online​.

The pubs code adjudicator, Paul Newby, said: "My responsibility is to enforce the pubs code, in line with the two overarching principles: fair and lawful dealing by pub companies with their tied tenants; and, that a tied tenant should be no worse off than he or she would be under a free-of-tie tenancy.  

"This guidance sets out how I will use my powers to investigate alleged breaches of the code, and my approach to enforcement action. I encourage everyone with an interest in the pubs sector and who wants to see a strong and effective pubs code to respond to the consultation."

Responses and feedback on the consultation can be submitted online or through the post. Full details on how to respond are given here​.