The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (revoked)

Requirement to close premises and businesses during the emergency period E+W

4.—(1) A person responsible for carrying on a business which is listed in Part 1 of Schedule 1 must, during the emergency period—

(a) close any premises, or part of the premises, in which food or drink are sold for consumption on those premises;

(b) cease selling food or drink for consumption on its premises (but if the business sells food and drink for consumption off the premises it may continue to do so subject to regulation [F1 6(2)]).

(2) For the purposes of paragraph (1), food or drink sold by a hotel or other accommodation as part of room service is not to be treated as being sold for consumption on its premises.

(3) For the purposes of paragraph (1), 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) A person responsible for carrying on a business or providing a service which is listed in Part 2 or 3 of Schedule 1 must, during the emergency period, cease to carry on that business or to provide that service.

(5) But paragraph (4) does not prevent the use of—

(a) premises used for the businesses or services listed in paragraphs 5, 6, 8, 9, 10 or 18 of Part 2 [F2 of Schedule 1] to broadcast (without an audience) a performance (whether over the internet or as part of a radio or television broadcast);

[F3 (b) premises used for the businesses or services listed in Part 2 or 3 of Schedule 1 for any purpose as may be requested by the Welsh Ministers or a local authority;]

[F4 (ba) premises for training for elite athletes, including skating rinks, swimming pools, indoor fitness studios, gyms, indoor leisure centres and other sports facilities (whether indoors or outdoors);]

(c) premises used as a museum [F5 or gallery], or for providing archive services, for the provision of information or other services—

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

(ii) by telephone, including F6 ... by text message, or

(iii) by post.

[F7 (5A) Paragraph (5B) applies—

(a) to premises used to carry on a business or provide a service mentioned in sub-paragraph (1)(a), (b) or (c) of paragraph 2 of Schedule 1, or

(b) where premises used to carry on a business or provide a service listed in Part 2 or 3 of Schedule 1 are used for a purpose mentioned in paragraph (5).

(5B) Where this paragraph applies, the person responsible for carrying on the business or providing the service must, during the emergency period, take all reasonable measures to ensure —

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

(b) that persons are only admitted to the premises in sufficiently small numbers to make it possible to maintain that distance, and

(c) that a distance of 2 metres is maintained between persons waiting to enter the premises (except between two members of the same household, or a carer and the person assisted by the carer).]

(6) If a business listed in Schedule 1 (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) or (4) if it closes down business A.

Textual Amendments

F1 Word in reg. 4(1)(b) substituted (22.6.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 6) Regulations 2020 (S.I. 2020/619), regs. 1, 2(3)(a) (with reg. 3)

F2 Words in reg. 4(5)(a) inserted (25.4.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/452), regs. 1(1), 6(3)(a)

F3 Reg. 4(5)(b) substituted (25.4.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/452), regs. 1(1), 6(3)(b)

F4 Reg. 4(5)(ba) inserted (22.6.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 6) Regulations 2020 (S.I. 2020/619), regs. 1, 2(3)(b) (with reg. 3)

F5 Words in reg. 4(5)(c) substituted (11.5.2020 at 4.00 p.m.) by The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/497), regs. 1, 2(3) (with reg. 4)

F6 Word in reg. 4(5)(c)(ii) omitted (25.4.2020 at 12.01 a.m.) by virtue of The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/452), regs. 1(1), 6(3)(c)

F7 Reg. 4(5A)(5B) inserted (25.4.2020 at 12.01 a.m.) by The Health Protection (Coronavirus Restrictions) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/452), regs. 1(1), 3(2)

Commencement Information

I1 Reg. 4 in force at made date at 4.00 p.m., see reg. 1(1)