The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020

PART 2 E+W Closure of businesses

Requirement to close premises and businesses E+W

12.—(1) A person responsible for carrying on a restricted business, or providing a restricted service, in the Tier 2 area must cease to carry on that business or provide that service.

(2) Where a restricted business or restricted service forms, or is provided as, part of a larger business and that larger business is not itself a restricted business, the person responsible for carrying on the larger business complies with the requirement in sub-paragraph (1) by closing down the restricted business or by ceasing to provide the restricted service.

(3) The requirement in sub-paragraph (1) is subject to the exceptions in paragraph 14.

(4) In this Part of this Schedule “restricted business” and “restricted service” means a business or service which—

(a) is of a kind specified in paragraph 13(1), or

(b) is carried on from, or provided at, premises of a kind specified in paragraph 13(1).

[F1 (5) For the purposes of this Part of this Schedule, premises are in the Tier 2 area if—

(a) any part of the premises is in the Tier 2 area, and

(b) no part of the premises is in the area that is the Tier 3 area for the purposes of the Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) Regulations 2020.]

Textual Amendments

F1 Sch. 1 para. 12(5) inserted (23.10.2020) by The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Medium, High and Very High) (England) (Amendment) Regulations 2020 (S.I. 2020/1154), regs. 1(3), 3(2)(c)

Commencement Information

I1 Sch. 1 para. 12 in force at 14.10.2020, see reg. 1(2)

Restricted business and services for purposes of Part 2 of this Schedule E+W

13.—(1) The following are restricted businesses and restricted services for the purposes of this Part of this Schedule—

(a) nightclubs;

(b) dance halls;

(c) discotheques;

(d) any other venue which—

(i) opens at night,

(ii) has a dance floor or other space for dancing by members of the public (and for these purposes members of the venue in question are to be considered members of the public), and

(iii) provides music, whether live or recorded, for dancing;

(e) sexual entertainment venues;

(f) hostess bars.

(2) A business or service does not fall within sub-paragraph (1)(b), (c) or (d) if it ceases to provide music and dancing.

(3) In sub-paragraph (1)(e) “sexual entertainment venue” has the meaning given in paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 M1 .

(4) In sub-paragraph (1)(f) “hostess bar” has the meaning given by paragraph 3B of that Schedule M2 .

Commencement Information

I2 Sch. 1 para. 13 in force at 14.10.2020, see reg. 1(2)

Marginal Citations

M1 1982 c. 30. Paragraph 2A was inserted by section 27 of the Policing and Crime Act 2009 (c. 26).

M2 Paragraph 3B was inserted by section 33 of the London Local Authorities Act 2007 (c. ii).

Exceptions from paragraph 12(1) E+W

14.—(1) Paragraph 12(1) does not prevent the use of premises used for a restricted business or service to host blood donation sessions.

(2) Paragraph 12(1) does not prevent a person responsible for carrying on a restricted business or providing a restricted service (“the closed business”) from—

(a) carrying on a business of offering goods for sale or for hire in a shop which is separate from the premises used for the closed business,

(b) carrying on a business of offering goods for sale or for hire by making deliveries or otherwise providing services 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

(c) operating a café or restaurant, if the café or restaurant is separate from the premises used for the closed business.

(3) For the purposes of sub-paragraph (2), a shop, café or restaurant (“SCR”) is separate from premises used for the closed business if—

(a) the SCR is in a self-contained unit, and

(b) it is possible for a member of the public to enter the SCR from a place outside those premises.

Commencement Information

I3 Sch. 1 para. 14 in force at 14.10.2020, see reg. 1(2)