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Obligations of hospitality, leisure and tourism services, close physical contact services and services provided for social, cultural and recreational purposes to ensure customers follow social distancing rules

 

The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020 came into force on 18th September requiring certain undertakings in the hospitality industry, in England, to take measures to ensure that their customers follow the rules on social distancing.
 
A person responsible for carrying on a business of a public house, café, restaurant or
other relevant business (a business which provides food or drink for consumption on its premises) must, during the emergency period, take all reasonable measures to ensure that:

1. No bookings for a table are accepted for a group of more than six persons unless one of  the exemptions in regulation 5 of the Principal Regulations applies.

2. 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.

3. No person in one qualifying group mingles with any person in another qualifying group where this is not permitted under the Principal Regulations.

4. An appropriate distance is maintained between tables occupied by different qualifying
groups.

An “appropriate distance” means a distance between tables of at least two metres, 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 less than two metres; or

other measures are taken to limit the risk of transmission of the coronavirus between people sitting at different tables

The above regulations were amended with effect from Monday 28 September 2020 by The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) (Amendment) Regulations  2020 and the above requirements now also apply to leisure and tourism services, close contact physical contact services and services provided for social cultural and recreational purposes.

Face Covering:

In addition the amendment requires that in situations where persons present at a relevant area are required to wear a face covering under the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020, a responsible person must:

1.display a notice providing information 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; or

2. take other measures to ensure that any person who enters the relevant area without wearing a face covering is given the information 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.

Any notice must be displayed where it may be easily seen or noticed.

The amendments also place further obligations on the hospitality sector:

Singing and dancing

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 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.

Music level requirement

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 ensure that no music is played on the premises which exceeds 85db(A) when measured at the source of the music.

The regulations can be found here

There are penalties for contravening the regulations.  

 

Address: CLAU is based at East Northamptonshire Council
Cedar Drive, Thrapston, Northamptonshire NN14 4LZ

Telephone: 01832 742102

Email: licensingunit@east-northamptonshire.gov.uk