Tied Pubs (Scotland) Act 2021

20 Tied pub

(1) In this Act, “tied pub” means a pub which is being leased to a tenant who is subject to a contractual obligation which—

(a) requires that some or all of the alcohol to be sold in the pub be supplied by—

(i) the landlord of the pub, or

(ii) a person nominated by the landlord, and

(b) is not a stocking requirement.

(2) In subsection (1)(b), “stocking requirement” means a contractual obligation which—

(a) requires that some of the beer or cider (or both) that is to be sold in the pub is produced by the landlord,

(b) does not require the tenant to procure that beer or cider from a particular supplier, and

(c) neither prevents the tenant from, nor penalises the tenant for, selling in the pub beer or cider that is produced by a person other than the landlord (although a contract term may impose restrictions on such sales).

(3) References in this section to the landlord of a pub includes any person who is a group undertaking in relation to the person who is actually the landlord.