Licensing Act 2003 Pages
The Health Protection (Coronavirus, Restrictions) (North East of England) Regulations 2020 SI 2020 No.1010. came into force on the 18 September 2020.
The Regulations impose restricted opening hours on businesses selling goods or providing services in certain areas in North East England. These businesses may not operate between 22:00 hours and 05:00 hours, unless they are offering food and drink for consumption off the premises, provided by delivery. The Regulations further provide that the businesses subject to the restrictions on opening may offer food and drink for consumption on the premises only if it is served to customers sitting at a table. The Regulations also impose further restrictions on gatherings in those areas. The closures and restrictions last until they are terminated by a direction given by the Secretary of State or the Regulations expire under Regulation 12.
These Regulations require certain undertakings in the hospitality industry, to take measures to ensure that their customers follow the rules on social distancing.
These regulations impose a number of obligations on relevant persons, in order to protect against the risks arising from coronavirus. The main obligations are as follows.
Regulation 5 provides who the regulations apply to, in particular to a relevant person (as defined in regulation 4) who occupies relevant premises (also as defined in regulation 4). The regulation makes clear that where relevant premises are hired or used by more than one relevant person on a temporary basis, any obligations under the regulations will apply to that person for the time during which they hire or use the premises.
Regulation 6 provides that relevant persons must display and make available a QR code at relevant premises they occupy or operate to enable certain individuals who seek to enter the premises (in the circumstances in regulation 9) to scan that QR code.
Regulation 7 provides the requirement to request certain details (as set out in regulation 10), where an individual seeks to enter relevant premises (in a case set out in regulation 9), unless that individual is under 16 or has a mental or physical disability that means they are unable to provide the details.
Important NHS Advice
The NHS have advised that on the 24 September 2020 a new app for mass use will be released.
The app will be a critical enhancement of NHS Test and Trace in England, and the Test, Trace and Protect service in Wales. It will allow the NHS to know quicker if we’re at risk of the virus, so we can take action, fast, to protect our communities and the ones we love. The app will provide users with local risk information, alert them if they have been in close contact with someone who has tested positive and very importantly has a built-in QR scanner to check-in at venues.
So we need businesses and venues across England and Wales who will require QR code posters to use the time between now and that launch date to get prepared. To see the Guidance (pdf 1.5 Mb) and Poster Guidance (pdf 1.5 Mb).
These Regulations impose restricted opening hours and other restrictions on certain businesses in England (apart from Bolton) selling goods or providing services. They also make changes to the restrictions on gatherings in England, in relation to gatherings for support groups, weddings and other significant events, and sports gatherings.
These Regulations amend the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 such that employees and other persons providing services in public houses will be required to wear face coverings when they are in close proximity to members of the public unless they are exempt or have a reasonable excuse.
These Regulations amend the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 to include theatres, restaurants, bars and public houses in the scope of the “relevant places” where members of the public are required to wear face coverings, except for in some limited cases such as when it is reasonably necessary for a person to remove their face covering to eat or drink.
They also require employees and other persons providing services in certain “relevant places”, including in shops, cafes, restaurants, bars and public houses to wear face coverings when they are in close proximity to members of the public unless they are exempt or have a reasonable excuse.
Important Letter from Public Health & Regulatory Services
To access a very important letter about Covid 19 in Newcastle from the Director of Public Health and the Director of Operations and Regulatory Services go to Letter (word 55 kb)
The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 (SI 2020 No. 684) required the closure of businesses as listed, to protect against the risks to public health from coronavirus. To see the related Government advice go to Gov.UK.
Re-Opening Certain Businesses and Venues on the 4, 10, 11, 13, 25 July & 15 August 2020
The Government announced further relaxation of the restrictions which come into effect from the 4 July 2020. This means businesses such as Pubs, Restaurants, Hairdressers, Places of Worship, Cinemas, Community Centres, Museums and outdoor amusements can now open from the 4 July, so long as they take measures to prevent the spread of infection. However some premises must remain closed for example these include nightclubs, indoor play areas, beauty salons, tanning studios, skin piercing studios, swimming pools and conference centres.
On the 10 July the Health Protection (Coronavirus, Restrictions) (No.2) (England) (Amendment) Regulations 2020 (SI 2020 No. 719) amended the principal Regulations. These Regulations now permit the following to open: outdoor swimming pools and water parks (from 11th July 2020); nail bars and salons, tanning booths and salons, spas and beauty salons, massage parlours, tattoo parlours, and body and skin piercing services (from 13th July 2020). To see the related Government Guidance which applies to pubs and restaurants go to Gov.uk (External link) To see the related guidance which relates to the performing arts go to Gov.uk (External link).
The Health Protection (Coronavirus, Restrictions) (England) (No.3) Regulations 2020 (SI 2020 No.750) came into force on 18 July and enable local authorities to give:
- Directions relating to individual premises
- Directions relating to events
- Directions relating to public outdoor places
Local authority powers do not extend to closing entire sectors of local economies or essential infrastructure. The powers to make a direction may only be exercised where conditions specified in the Regulations are met.
These conditions are that:
- that giving such a direction responds to a serious and imminent threat to public health,
- that the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority’s area, and
- that the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.
The Health Protection (Coronavirus, Restrictions) (No.2) (England) (Amendment) (No.3) Regulations 2020 (SI 2020 No.863) came into force on the 15 August 2020. The following businesses are permitted to be open: casinos, indoor skating rinks, indoor play areas, bowling alleys and conference centres and exhibition halls.
Nightclubs, dance halls, discotheques, sexual entertainment venues and hostess bars must remain closed.
Any issues on the enforcement implications and report any issues with premises please send through to email@example.com
Business and Planning Act 2020
On the 22 July 2020 the Business and Planning Act 2020 was enacted. The provisions affect both pavement café provision and the off-sales of alcohol.