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The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

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This is the original version (as it was originally made).

CHAPTER 1Business and services whose premises must be closed but to which limited access may be allowed

Closure of food and drink businesses

7.—(1) A person responsible for carrying on a business which is listed in paragraphs 12 to 14 (food and drink businesses) 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) 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 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) 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.

(4) 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

8.—(1) A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (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 regulation.

(2) 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.

(3) 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 community centres and crematoriums

9.—(1) A person responsible for premises that are of a kind listed in paragraphs 19 and 20 must ensure that the premises are closed to members of the public, except for the uses permitted by sub-paragraphs (2) and (3).

(2) A community centre may be open—

(a)to provide essential voluntary services, or

(b)to provide public services upon the request of the Welsh Ministers or a local authority.

(3) A crematorium may open to members of the public for funerals or burials (and to broadcast a funeral or burial whether over the internet or otherwise).

(4) Sub-paragraph (1) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance.

(5) In this paragraph, “public services” includes the provision of food banks or other support for homeless or vulnerable people, childcare, blood donation sessions or support in an emergency.

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