F1SCHEDULE 3Alert Level 3 Restrictions

Annotations:
Amendments (Textual)

PART 3Restrictions on certain businesses and services

CHAPTER 1Businesses or services whose premises are required to be closed but to which limited access may be allowed

Closure of indoor premises of food and drink businesses7

1

A person responsible for carrying on a business which is listed in paragraphs 11 to 13 (food and drink businesses) must close to members of the public any part of its premises which is indoors and used for the consumption of food or drink.

2

Sub-paragraph (1) does not prevent—

a

the use of premises for—

i

the sale of food and drink for consumption off the premises, or

ii

services providing food or drink to homeless people;

b

the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);

c

a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;

d

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

e

the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.

3

Sub-paragraph (1) does not apply to—

a

cafés and canteens at a hospital, care home, school or within accommodation provided for students;

b

canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

4

For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

5

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Closure of holiday or travel accommodation that is not self-contained8

1

A person responsible for carrying on a business which is listed in paragraphs 14 to 17 (holiday or travel accommodation) must—

a

close to members of the public any premises operated as part of the business, and

b

not carry on business at such premises otherwise than in accordance with this paragraph.

2

But sub-paragraph (1) does not prevent the use of premises for the provision of accommodation—

a

in a camping site or holiday site, provided that the only shared facilities used by guests at the camping site or holiday site are water points and waste disposal points, or

b

in separate and self-contained premises.

3

And sub-paragraph (1) does not prevent—

a

carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

b

the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

c

the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—

i

are unable to return to their main residence, or

ii

are using the accommodation as their main residence;

d

the use of premises to carry on the business by providing information or other services—

i

through a website, or otherwise by on-line communication,

ii

by telephone, including enquiries by text message, or

iii

by post.

4

Premises are separate and self-contained for the purposes of this paragraph only if—

a

they are provided for persons who are members of the same household or extended household, and

b

none of the following are shared with the members of any other household—

i

kitchens,

ii

sleeping areas,

iii

bathrooms, or

iv

indoor communal areas.

5

In this paragraph—

a

a reception area is not to be treated as a shared facility for the purposes of sub-paragraph (2)(a);

b

“communal areas” includes any area of the premises that is open to the public, but does not include a reception area or corridors, lifts and staircases used to access other parts of the premises.

6

Where—

a

a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

b

business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.