Pubs Code Adjudicator (PCA)

Summary

The Pubs Code Adjudicator (PCA) is an independent regulatory body established under the Pubs Code in the UK. 

What is the Pubs Code Adjudicator?

The Pubs Code Adjudicator plays a key role in ensuring fairness, transparency, and accountability within the pub industry, safeguarding the rights of tied tenants and promoting a competitive and thriving pub sector.

The PCA’s primary role is to oversee compliance with the Pubs Code and to resolve conflicts between pub companies and their tied tenants.

The PCA operates independently of the pub industry, ensuring fairness in its decisions. The Adjudicator is responsible for understanding and enforcing the requirements of the Pubs Code, which sets out the rights and obligations of pub companies and their tied tenants.

Key responsibilities of the PCA include:

• Providing guidance and information to pub tenants and pub companies regarding their rights and obligations under the Pubs Code.
• Investigating complaints and conflicts raised by tied tenants against pub companies, including conflicts related to rent assessments, lease agreements, and MRO options.
• Resolving negotiations between pub companies and tied tenants to reach mutually acceptable solutions to conflicts.
• Settling conflicts when parties are unable to reach an agreement, issuing binding decisions to resolve issues in accordance with the Pubs Code.
• Monitoring compliance with the Pubs Code and taking action against pub companies found to be in breach of its provisions, including charging financial penalties where necessary.

Example of the Pubs Code Adjudicator in practice

In a conflict between a tied tenant and a pub company regarding the implementation of an MRO option, the PCA is contacted to settle the issue. 

The PCA reviews the terms of the Pubs Code and conducts an investigation into the matter, gathering evidence from both parties. After thorough consideration and analysis, the PCA issues a binding decision, ruling in favour of the tied tenant and ordering the pub company to offer an MRO agreement in compliance with the Code’s provisions. 

This decision ensures fairness and transparency in the relationship between the pub company and the tenant, reinforcing the rights of tied tenants as outlined in the Pubs Code.