For decades, tied publicans in Scotland have watched their counterparts in England and Wales navigate a Pubs Code that, while helpful, never quite broke the monopoly on the taps. But as of March 31, 2025, the game has changed forever. Scotland is officially a “trailblazer” for the UK hospitality industry.
The Scottish Pubs Code Guest Beer Agreement is now live, giving every tied tenant the legal right to bypass their landlord’s price list for at least one tap. If you are a publican in Edinburgh, Glasgow, or the Highlands, this is your moment to reclaim your margins.
1. What is the Guest Beer Right?
Under the new regulations enforced by the Scottish Pubs Code Adjudicator, Sarah Havlin, tied pub tenants (TPTs) can now sell at least one beer of their choice.
- You Set the Price: You determine the retail price, not the Pubco.
- Total Choice: You choose the beer, regardless of who produces it, as long as it meets production criteria.
- Unlimited Flexibility: You can change that guest beer as frequently as you wish—perfect for a rotating craft selection.
- Any Format: This isn’t just for cask; it applies to keg, bottles, and cans.
The “5,000 Hectolitre” Rule
There is one technical catch: the beer must come from a brand that produces no more than 5,000 hectolitres annually. This rule is designed to support small, local, and independent Scottish brewers.
Pro Tip: To find eligible beers without doing the math, use the SIBA Guest Beer Portal (guestbeer.co.uk), which lists every compliant brand in Scotland.
2. The “Halfway Point” Trap: MRO Scotland 2025
While the Guest Beer right started on March 31, the “Big One”—Market Rent Only (MRO)—becomes a reality on June 30, 2025.
MRO allows you to go completely free-of-tie, paying only a market rent. However, unlike in England, the Scottish MRO process is tied to the halfway point of your lease.
- Eligibility: You must have a substantive agreement that is at least halfway through its term (minus six months for the notice period).
- Timing: You can serve your MRO notice up to 6 months before that halfway date.
- Risk: If you miss this window or your request is declined, you may be blocked from requesting MRO for another two years.
3. How to Serve Notice Without a Solicitor
You do not need to pay £300/hour to claim these rights. The law is clear: any request for a guest beer agreement must be made in writing.
- Submit Your Request: Write to your Pubco (Stonegate, Star, etc.) stating you want to enter a Guest Beer Agreement under Part 5 of the Scottish Pubs Code Regulations 2024.
- The 4-Week Deadline: Your landlord must offer you an agreement within 4 weeks of receiving your request.
- No Penalty: They cannot penalize you or require you to stop selling other products to make room for the guest beer.
4. Protecting Your New Margins
Bringing in a guest beer is only profitable if you manage the volumes correctly. This is where “Remarkable Hospitality” meets “Hard Data.”
- Automate Your Prep: A guest beer often attracts a different crowd. Use the Sunday Roast Forecaster to ensure your kitchen is ready for the “craft beer” rush that usually follows a tap takeover.
- Audit Your Lease: Don’t let your landlord sneak in “service equipment charges” that eat up your guest beer profit. Our Ultimate Pubs Code Law Assistant helps you review any guest beer offer to ensure it is compliant with Sarah Havlin’s latest guidance.
The Final Word
The Scottish Pubs Code isn’t just a document; it’s a weapon for the independent publican. Whether you use it to stock a local Highland IPA or as a stepping stone to a full MRO lease in June, the power is finally back in your cellar.