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

PART 4 E+W Restrictions on certain businesses and services

CHAPTER 1 E+W Businesses or services whose premises are required to be closed

Closure of businesses and services E+W

7.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 11 to 26 must—

(a) close to members of the public any premises operated as part of the business or service, and

(b) not carry on the business or service 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 use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse F1 ... ;

(d) the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post;

(e) the use of premises for the provision of information—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including 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.

Textual Amendments

F1 Words in Sch. 3 para. 7(2)(c) omitted (13.3.2021 immediately before the start of the day) by virtue of The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 5) Regulations 2021 (S.I. 2021/307), regs. 1(2), 2(6)(d)

Commencement Information

I1 Sch. 3 para. 7 in force at 20.12.2020, see reg. 1(3)

CHAPTER 2 E+W Restrictions on food and drink businesses and licensed premises

Restrictions on food and drink businesses E+W

8.—(1) A person responsible for carrying on a food and drink business—

(a) may not open its premises to customers before 6.00 a.m. each day;

(b) must close the premises to customers at or before 6.00 p.m. each day.

(2) The person responsible for carrying on a food and drink business or any other business or service whose premises are authorised for the sale or supply of alcohol may not—

(a) sell or supply alcohol for consumption on its premises;

(b) permit the consumption of alcohol on the premises.

(3) For the purposes of this paragraph, an 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 food and drink business (“business A”) is subject to a requirement or restriction under this paragraph, and

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

the requirement or restriction is complied with if the person responsible for carrying on business B complies with the requirement or restriction.

Commencement Information

I2 Sch. 3 para. 8 in force at 20.12.2020, see reg. 1(3)

Restrictions on food and drink businesses: exceptions E+W

9.—(1) Paragraph 8(1) does not apply to—

(a) premises located in—

(i) a sea port;

(ii) an airport;

(iii) an educational establishment;

(iv) a hospital or care home;

(b) workplace canteens, where there is no practical alternative for people at that workplace to obtain food or drink between 6.00 p.m. and 6.00 a.m.;

(c) premises used for the provision of food or drink to homeless people.

(2) Paragraph 8(1) does not prevent premises being used to sell or supply food or drink for consumption off the premises.

(3) If—

(a) the celebration of a marriage, formation of a civil partnership or alternative wedding is being held on premises to which paragraph 8 applies, and

(b) the celebration was booked more than a week before this paragraph most recently began to apply to the area in which the premises are located,

the premises may, despite paragraph 8(1)(b), remain open until 10.00 p.m. for the purposes of holding the celebration.

(4) Sub-paragraphs (5) and (6) apply where premises of a food and drink business (“the restricted premises”) form part of the premises of holiday or travel accommodation.

(5) Paragraph 8(1) does not—

(a) require the restricted premises to be closed to the residents of the holiday or travel accommodation;

(b) prevent the sale of food or drink to residents—

(i) as part of room service, or

(ii) between 6.00 a.m. and 10.00 p.m. in any part of the premises of the holiday or travel accommodation.

(6) Neither paragraph 8(1) nor (2)—

(a) prevents residents from consuming food or drink (including alcohol) at any time in their private room;

(b) prevents the sale of alcohol to residents as part of room service (but see paragraph 10).

Commencement Information

I3 Sch. 3 para. 9 in force at 20.12.2020, see reg. 1(3)

Restrictions on licensed premises E+W

10.—(1) A person responsible for premises which are authorised for the sale or supply of alcohol may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

(2) Sub-paragraph (1) does not allow alcohol to be sold or supplied in contravention of an authorisation granted or given in respect of the premises.

Commencement Information

I4 Sch. 3 para. 10 in force at 20.12.2020, see reg. 1(3)

CHAPTER 3 E+W List of closed premises

Businesses or services whose premises must be closed E+W

11.  Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

Commencement Information

I5 Sch. 3 para. 11 in force at 20.12.2020, see reg. 1(3)

12.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982). E+W

Commencement Information

I6 Sch. 3 para. 12 in force at 20.12.2020, see reg. 1(3)

13.  Cinemas, other than drive in cinemas. E+W

Commencement Information

I7 Sch. 3 para. 13 in force at 20.12.2020, see reg. 1(3)

14.  Concert halls and theatres, other than drive-in theatres. E+W

Commencement Information

I8 Sch. 3 para. 14 in force at 20.12.2020, see reg. 1(3)

15.  Casinos. E+W

Commencement Information

I9 Sch. 3 para. 15 in force at 20.12.2020, see reg. 1(3)

16.  Bingo halls. E+W

Commencement Information

I10 Sch. 3 para. 16 in force at 20.12.2020, see reg. 1(3)

17.  Amusement arcades. E+W

Commencement Information

I11 Sch. 3 para. 17 in force at 20.12.2020, see reg. 1(3)

18.  Bowling alleys. E+W

Commencement Information

I12 Sch. 3 para. 18 in force at 20.12.2020, see reg. 1(3)

19.  Indoor play centres or areas. E+W

Commencement Information

I13 Sch. 3 para. 19 in force at 20.12.2020, see reg. 1(3)

20.  Funfairs, amusement parks and theme parks. E+W

Commencement Information

I14 Sch. 3 para. 20 in force at 20.12.2020, see reg. 1(3)

21.  Museums and galleries. E+W

Commencement Information

I15 Sch. 3 para. 21 in force at 20.12.2020, see reg. 1(3)

22.  Skating rinks. E+W

Commencement Information

I16 Sch. 3 para. 22 in force at 20.12.2020, see reg. 1(3)

23.  Trampoline parks and centres. E+W

Commencement Information

I17 Sch. 3 para. 23 in force at 20.12.2020, see reg. 1(3)

24.  Indoor skate parks and centres E+W

Commencement Information

I18 Sch. 3 para. 24 in force at 20.12.2020, see reg. 1(3)

25.  Spas. E+W

Commencement Information

I19 Sch. 3 para. 25 in force at 20.12.2020, see reg. 1(3)

26.  Visitor attractions. E+W

Commencement Information

I20 Sch. 3 para. 26 in force at 20.12.2020, see reg. 1(3)