COVID-19 – Regulations Relevant to Restaurants and Cafes – Consumption of food or drink on the premise
The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020. Statutory Instrument 1008
Came into Force on 18th September but amended on 28th September 2020
These regulations apply to premises whether indoors or outdoors that are operated or occupied for the purpose of providing food or drink for the consumption on the premises. This includes seating made available adjacent to the premises. These locations count as the relevant area’s as referred to in the legislation.
Reg 1A – A person who operates or occupies relevant premises must, during the emergency period, take all reasonable measures to ensure that—
a) no bookings are accepted for a group of more than six persons unless one of the exemptions in regulation 5 of the Principal Regulations applies;
b) no persons are admitted to the premises in a group of more than six unless one of the exemptions in regulation 5 of the Principal Regulations applies;
c) no person joins another group or otherwise acts in a way which would contravene the Principal Regulations.
Reg 2 (1) – A person responsible for carrying on a business of a public house, café, restaurant or other relevant business (one which provides food or drink for consumption on its premises) must, during the emergency period, take all reasonable measures to ensure that an appropriate distance is maintained between tables occupied by persons who are not in the same qualifying group.
For the purposes of this regulation:
(a) An “appropriate distance” means a distance between tables of—
i) at least two metres,
ii) or at least one metre, if—
• there are barriers or screens between tables;
• the tables are arranged with back to back seating, or otherwise arranged to ensure that persons sitting at one table do not face any person sitting at another table at a distance of fewer than two metres; or
• other measures are taken to limit the risk of transmission of the coronavirus between people sitting at different tables;
Reg 2 (1A) – A person responsible for carrying on a business of a public house, café, restaurant or bar (including a bar in a hotel or members club) must, during the emergency period, take all reasonable measures to stop –
a) singing on the premises by customers in groups of more than six, or
b) dancing on the premises by customers ( (1B)this does not apply to the couple at a wedding reception)
Reg 2 (1C) – A person responsible for carrying on a business of a public house, café, restaurant or bar (including a bar in a hotel or members club) must, during the emergency period, ensure that no music is played on the premises which exceed 85db (A) when measured at the source of the music. (This does not apply to live music)
Reg 2A – Requirement relating to signage and information
2A (1) a person responsible for carrying on a business in a relevant area must, during the emergency period –
(a) display a notice providing the information in paragraph (2) (below); or
(b) take other measures to ensure that any person who enters the relevant area without wearing a face covering is given the information specified in paragraph (4) (below)
(2) The information referred to in paragraph 2A (1)(a) is that any person present at the relevant area is required to wear a face covering under the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020 unless an exemption under those Regulations applies to the person or the person has a reasonable excuse under those Regulations not to wear a face covering; and it must be displayed in a conspicuous location at the relevant area.
(4)The information to be given to the person under paragraph 2A (1)(b) is that the person is required to wear a face covering unless an exemption applies to the person or the person has a reasonable excuse not to wear a face covering
Reg 2B – Prohibition on preventing a person from wearing a face covering
2B (1) a responsible person must not, during the emergency period, prevent, or seek to prevent, any relevant person from wearing a face covering while the relevant person is present at the relevant area.
A relevant person is one who is required to wear a face covering under regulation 3 (1) of the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020 while present at the relevant area.
If a person responsible for carrying on a business fails to comply with these regulations, they can be issued a fixed penalty notice (FPN). The FPN starts at £1000, (reduced to £500 if paid within 14 days) this increases incrementally up to £10,000 for further offences. Alternatively, the person can be prosecuted for the offence at Court.
Of note – We are aware that some premises are finding customers are making bookings for two separate tables in order to get around the restriction of 6 people. Our advice is that you should refuse bookings where it is clear that this is being done. If however, you are not aware and then it becomes apparent once they have arrived, we would advise that if the parties are trying to engage with each other they are asked to leave. Please remember the offence under the regulations is committed by the person who has responsibility for the premise and not the customers.
The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020. Statutory Instrument 1005
Came into Force on 18th September – Track & Trace and NHS QR code
These regulations apply to venues providing services for the purposes of consuming food or drink on the premises (including in seating made available adjacent to the premises)
Reg 6 – Requirement to display NHS QR Code – must be displayed in an appropriate place and be available.
The QR code is defined as the QR code issued by the secretary of state – which is the NHS QR code – using other QR code systems does not satisfy this requirement.
Reg 7 – Requirement to request certain details of individuals – people who enter your premise, that do not scan the QR code, must be asked to provide their details. This does not apply if someone is unable to do this due to a physical or mental disability or if they are under 16 years old. Police Constables, PCO’s acting in the course of their duty, other emergency responders and delivery personnel do not have to be asked.
Details that must be recorded are – (listed under Reg 10)
a) the name of the individual;
b) a telephone number on which the individual may be contacted;
c) an e-mail address if the individual is unable to provide a telephone number;
d) a postal address if the individual is unable to provide an email address;
e) the date and time that the individual entered the relevant premises;
Reg 8 – Requirement to request certain details of those in a group – If a group enters (maximum of six) then 1 member of the group can provide details on behalf of the group. In such a case you must also record the number in the group.
Reg 12, 13, 14 and 15 – Requirement to retain and disclose details – You must retain the information securely for 21 days, after which you must destroy this information as soon as practicable. You must disclose this information where requested to do so by the Secretary of State or Public Health Officer in relation to contact tracing.
Reg 16 – Requirement to refuse entry to those who have not provided details
Where someone does not provide their details you must take all reasonable steps to prevent entry by the person to your premise.
If a person (or business) responsible for the provisions of a service fails to comply with the requirements under 6, 7, 8, 10, 11 or 13 without reasonable excuse, they can be issued a fixed penalty notice (FPN). The FPN starts at £1000, (reduced to £500 if paid within 14 days) this increases incrementally up to £10,000 for further offences. Alternatively, the person can be prosecuted for the offence at Court.
Of Note – If you are using a QR code system whether the NHS one or other, you need to be satisfied that customers have scanned the QR code, therefore, it is advised that they do this in front of staff.
Business Operating Curfew – The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020. Statutory Instrument No. 684
Regulation 4A
Restaurants, members clubs, cafes, bars, pubs, casinos, social clubs, bowling allies, cinemas, theatres, arcades, funfairs, bingo halls, concert halls and businesses providing food or drink prepared on the premises for immediate consumption off the premises, must be closed between 10 pm and 5 am from the 24th September 2020.
This does not prevent such businesses selling food or drink for consumption off the premises between 10 pm and 5 am subject to the following –
a) by making deliveries in response to orders received—
(i) through a website, or otherwise by on-line communication;
(ii) by telephone, including orders by text message; or
(iii) by post; or
b) to a purchaser who collects the food or drink in a vehicle, and to whom the food or drink is passed without the purchaser or any other person leaving the vehicle.
If a premises (person responsible for the premises) fails to comply with this legislation, they can be issued a fixed penalty notice (FPN). The FPN starts at £1000, this increases incrementally up to £10000. Alternatively, the person can be prosecuted for the offence at Court.
Restrictions on service of food and drink for consumption on the premises – The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020. Statutory Instrument No. 684
Regulation 4B
This restriction applies to restaurants, members clubs, cafes, bars, pubs, social clubs and casinos.
A person responsible for carrying on a business or providing a service which serves alcohol for consumption on the premises may sell food or drink for consumption on the premises only if—
a) the food or drink is ordered by, and served to, a customer who is seated on the premises; and
b) the person takes all reasonable steps to ensure that the customer remains seated whilst consuming the food or drink on the premises.
A person responsible for carrying on a business or providing a service which does not serve alcohol for consumption on the premises may sell food or drink for consumption on the premises only if the person takes all reasonable steps to ensure that the customer remains seated whilst consuming the food or drink on the premises.
An area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) or which customers of the business habitually use for consumption of food or drink served by the business is to be treated as part of the premises of that business.
We are advising premises who have removable furniture in public places, to remove such furniture by 2145 hours each night to ensure that customers do not use this furniture after 2200 hours.
If a premises (person responsible for the premises) fails to comply with this legislation, they can be issued a fixed penalty notice (FPN). The FPN starts at £1000, this increases incrementally up to £10000. Alternatively, the person can be prosecuted for the offence at Court.
Face Coverings – The Health Protection (Coronavirus, Wearing of Face Coverings in a relevant Place) (England) Regulations 2020. Statutory Instrument No. 791.
You will have heard that the requirements for face coverings changed on 24th September 2020. This means staff working in a number of locations, which are indoors, including restaurants, pubs, bars who come or who are likely to come within close contact of any member of the public must now wear face coverings when they are in areas open to the public.
There is also a requirement for members of the public to wear face coverings when in a number of locations, including restaurants, pubs and bars.
People can have a ‘reasonable excuse’ in relation to the requirement to wear a face covering which means they do not commit an offence. One of the reasons, listed as a reasonable excuse is ‘they have removed their face covering to eat or drink’. Therefore unless customers are eating or drinking they should be wearing a face covering, for example when entering and leaving or if they get up to use the toilet.
Premises are expected to request customers to wear face coverings and should ask those not wearing coverings to leave unless they state they are exempt.
Please note that a visor does not constitute a face covering.
It is the person who does not wear the face covering who commits an offence. They can be issued a fixed penalty notice (FPN). The FPN starts at £200, this increases incrementally up to £6,400. Alternatively, the person can be prosecuted for the offence at Court.
Further points to note –
One area causing confusion is in relation to music. Music must not be played at a level which causes customers to shout, sing or move closer to each other in order to talk. As a result, the risk of transmission is increased. The guidance on this can be found here
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/performing-arts#arts-3-3
Please keep music to a background level only. Premises found to be playing music too loudly will be referred to Environmental Health who can take action under the Health and Safety at Work Regulations.
We hope that this information assists in your understanding of the new requirements. Please contact us if you are unsure about any points we are happy to help. We will be conducting visits at premises and have done so at a number of premises already. We are finding that by attending and allowing customers to see Police it is assisting premises with customer compliance.
PS Claire Ramirez, East Herts Community Safety Unit – Claire.ramirez@herts.pnn.police.uk