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

PART 4 Taking preventative measures in regulated premises

Regulated premises and responsible persons

15.—(1) For the purposes of these Regulations, the following are “regulated premises”—

(a) premises of businesses or services listed in Schedule 7, to the extent that that the public have or are permitted access to the premises;

(b) a vehicle used to provide a public transport service;

(c) other premises where work is being carried out.

(2) In this Part, “responsible person”, in relation to regulated premises, means—

(a) in relation to premises referred to in paragraph (1)(a) and (b), the person responsible for the premises,

(b) in relation to premises referred to in paragraph (1)(c), the person responsible for the work being carried out on the premises.

Requirement to take all reasonable measures to minimise the risk of exposure to coronavirus

16.—(1) For the purposes of minimising the risk of exposure to coronavirus at regulated premises, or the spread of coronavirus by those who have been at regulated premises, the responsible person must—

(a) take all reasonable measures to ensure—

(i) that a distance of 2 metres is maintained between any persons on the premises (except between members of the same household or a carer and the person assisted by the carer);

(ii) where persons are required to wait to enter the premises, that a distance of 2 metres is maintained between them (except between members of the same household or a carer and the person assisted by the carer),

(b) take all other reasonable measures for that purpose, for example measures which limit close face–to-face interaction and maintain hygiene such as—

(i) changing the layout of premises including the location of furniture and workstations;

(ii) controlling use of entrances, passageways, stairs and lifts;

(iii) controlling use of shared facilities such as toilets and kitchens;

(iv) otherwise controlling the use of, or access to, any other part of the premises;

(v) installing barriers or screens;

(vi) providing or requiring use of personal protective equipment, and

(c) provide information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.

(2) Measures that may be taken under paragraph (1) also include—

(a) not carrying out certain activities;

(b) closing a part of the premises;

(c) allowing and enabling a person who ordinarily works at the premises to isolate due to testing positive for coronavirus or having had close contact with somebody who has tested positive, for a period—

(i) recommended in guidance published by the Welsh Ministers;

(ii) specified in a notification given to the person by a contact tracer;

(d) collecting contact information from each person at the premises and retaining it for 21 days for the purpose of providing it to any of the following, upon their request—

(i) the Welsh Ministers;

(ii) a contact tracer;

(e) taking reasonable measures to ensure that such contact information is correct.

Specific measures applicable to licensed premises

17.—(1) Where regulation 16(1) applies to a person responsible for premises authorised for the sale or supply of alcohol for consumption on the premises, the sale or supply of food or drink for consumption on the premises must be carried out in accordance with the reasonable measures specified in paragraph (2) (subject to paragraphs (3) and (4)).

(2) The reasonable measures are that—

(a) there must be a person controlling entry to the premises and allocating a limited time period during which customers may stay in the premises;

(b) customers must be seated in the premises anywhere other than at a bar—

(i) when ordering food or drink,

(ii) when being served with food or drink, and

(iii) when consuming food or drink.

(3) But where food is provided at the premises on a buffet basis, customers may select food from the buffet and return to where they are seated.

(4) Paragraph (2) does not apply to—

(a) workplace canteens, or

(b) premises in an educational establishment.

(5) For the purposes of paragraph (1)—

(a) food or drink sold in holiday or travel accommodation as part of room service is not to be treated as being sold for consumption on the premises;

(b) food or drink sold for consumption in an area adjacent to the premises where seating is made available for customers is to be treated as being sold for consumption on the premises.

(6) Where regulated premises not authorised for the sale or supply of alcohol for consumption on the premises allow customers to consume their own alcohol on the premises, paragraphs (1) to (4) apply to those premises as they apply to premises that are authorised for the sale or supply of alcohol for consumption on the premises.

Guidance about taking reasonable measures

18.—(1) A person required to take reasonable measures under regulation 16(1) or 17(1) must have regard to guidance issued by the Welsh Ministers about those measures.

(2) The Welsh Ministers—

(a) may revise guidance issued under paragraph (1), and

(b) must publish the guidance (and any revisions).

(3) Guidance under this regulation may incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, body representing members of an industry or a trade union).

(4) Guidance issued by the Welsh Ministers under—

(a) paragraph (1) of regulation 20 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020(1), or

(b) paragraph (1) of regulation 24 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020(2),

is to be treated as if it were guidance issued under paragraph (1) of this regulation.

(1)

S.I. 2020/1149 (W. 261).

(2)

S.I. 2020/1219 (W. 276), as amended by S.I. 2020/1237 (W. 279), S.I. 2020/1288 (W. 286), S.I. 2020/1409 (W. 311), S.I. 2020/1477 (W. 316) and S.I. 2020/1522 (W. 326).