PART 4The Pubs Code Adjudicator and the Pubs Code
Investigations by Adjudicator
I253Investigations
1
The Adjudicator may investigate whether a pub-owning business has failed to comply with the Pubs Code if the Adjudicator has reasonable grounds to suspect that—
a
the business has failed to comply with the Pubs Code, or
b
the business has failed to follow a recommendation made under section 56.
2
The Adjudicator may not carry out an investigation until the guidance required by section 61(1) has been published.
I354Investigation reports
1
Following an investigation, the Adjudicator must—
a
publish a report on the outcome of the investigation, and
b
consider whether to use any of the enforcement powers mentioned in section 55.
2
An investigation report must, in particular, specify—
a
any findings that the Adjudicator has made,
b
any action that the Adjudicator has taken or proposes to take, and
c
the reasons for the findings and any action taken or proposed.
3
An investigation report need not identify the pub-owning business concerned.
4
If a pub-owning business is identified in a report, the business must have been given a reasonable opportunity to comment on a draft of the report before publication.
I455Forms of enforcement
1
If, as a result of an investigation, the Adjudicator is satisfied that a pub-owning business has failed to comply with the Pubs Code, or has failed to follow a recommendation made under section 56, the Adjudicator may take one or more of the following enforcement measures—
a
make recommendations;
b
require information to be published;
c
impose financial penalties.
2
Where an investigation concerns two or more pub-owning businesses, the Adjudicator may decide—
a
to take different enforcement measures against different businesses,
b
not to take any enforcement measures against one or more of the businesses.
I556Recommendations
1
If the Adjudicator chooses to enforce through making recommendations, that means recommending what the pub-owning business should do in order to comply with the Pubs Code, and specifying the time by which the business should do it.
2
The Adjudicator must monitor whether a recommendation has been followed.
I657Requirements to publish information
1
If the Adjudicator chooses to enforce through requiring information to be published, that means requiring the pub-owning business to publish information relating to the investigation.
2
The publication requirement is imposed by giving the pub-owning business written notice specifying—
a
what information is to be published,
b
how it must be published, and
c
the time by which it must be published.
3
The Adjudicator may enforce the requirement to publish information by bringing civil proceedings to obtain an injunction or any other appropriate remedy or relief.
I1I858Financial penalties
1
If the Adjudicator chooses to enforce through imposing financial penalties, that means imposing a penalty on the pub-owning business of an amount not exceeding the permitted maximum (see subsection (6)).
2
The financial penalty is imposed by giving the pub-owning business written notice specifying—
a
the grounds for imposing the penalty,
b
the amount of the penalty,
c
the period within which it must be paid, and
d
how it must be paid.
3
The pub-owning business may appeal to the High Court against—
a
the imposition of a financial penalty, or
b
its amount.
4
Financial penalties under this section are recoverable by the Adjudicator as a debt.
5
Financial penalties received by the Adjudicator must be paid into the Consolidated Fund.
6
The Secretary of State must make regulations—
a
specifying the permitted maximum, or
b
specifying how the permitted maximum is to be determined.
I759Recovery of investigation costs
1
The Adjudicator may require a pub-owning business to pay some or all of the costs of an investigation (including any costs incurred in exercising the enforcement powers) if satisfied that—
a
the business has failed to comply with the Pubs Code, or
b
the business has failed to follow a recommendation made under section 56.
2
The Adjudicator may require a person to pay some or all of the costs of an investigation if—
a
the Adjudicator carried out the investigation as a result of a complaint by the person, and
b
the Adjudicator is satisfied that the complaint was vexatious or wholly without merit.
3
A requirement to pay costs is imposed by giving written notice specifying—
a
the grounds for imposing the requirement to pay costs,
b
how much is to be paid,
c
by when the costs are to be paid, and
d
how they are to be paid.
4
A person required to pay costs under this section may appeal to the High Court against—
a
the imposition of the requirement, or
b
the amount to which it relates.
5
Costs required to be paid under this section are recoverable by the Adjudicator as a debt.