The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021

Entry to events and venues: spot checks

6.—(1) A responsible person for a Category B, C, or D event, or for a Category A venue other than a venue described in paragraph 1 of Schedule 1, may determine for the purposes of regulation 5(1) that it is not reasonably possible to carry out a check on every person within regulation 5(3) as described in that paragraph, without endangering the safety of any person attending, or providing services at, the venue or event in question, if the following conditions are satisfied—

(a) a majority of the persons attending are expected to arrive together for the start of an event, or the opening of a venue, at a fixed time,

(b) it is not possible to set up checkpoints away from the entry points, and carrying out a check on every person would lead to a crowd gathering outside the venue or event,

(c) that crowd would—

(i) present a risk to the safety of the persons in the crowd, or to any other person, or

(ii) provide a potential target for terrorist action, and

(d) the responsible person—

(i) has carried out an assessment of—

(aa) the potential risks to the safety of persons attending the venue or event in question (“attendees”), or of any other person, which may be caused by carrying out a check on every person, and

(bb) what percentage of people within regulation 5(3) it is reasonably possible to check without endangering the safety of attendees and other persons, and

(ii) in carrying out that assessment has taken into account any guidance issued by the government which is relevant to the event or venue.

(2) Where the responsible person has made the determination referred to in paragraph (1), the responsible person may, if the local authority in whose area the venue is located, or one of those authorities, (“the relevant local authority”) approves the assessment made by the responsible person under paragraph (1)(d), satisfy its obligations under regulation 5(1) by checking the percentage of attendees assessed under paragraph (1)(d)(i)(bb).

(3) Unless paragraph (4) applies, a responsible person who wishes to rely on this regulation must apply to the relevant local authority at least 10 working days before the date on which the responsible person wishes to admit people to the event or venue in question, providing a written description of the assessment made under paragraph (1)(d).

(4) Where the date on which the responsible person wishes to admit persons to an event or venue falls before 29th December 2021, the application referred to in paragraph (3) must be made as soon as practicable before the date of the event.

(5) The relevant local authority may—

(a) approve the assessment provided under paragraph (3) (“the assessment”),

(b) approve the assessment on condition that the responsible person takes further reasonable measures specified by the local authority, or

(c) reject the assessment.

(6) If the relevant local authority rejects the assessment, the responsible person must comply with the requirements in regulation 5(3), or close the venue or cancel the event as appropriate.

(7) An assessment submitted with an application under paragraph (3) is to be treated as approved without conditions if—

(a) the relevant local authority does not reply to the application at all, or does not reply until a day which is less than 5 working days before the date on which the responsible person wishes to admit people to the event or venue, or

(b) an application has been submitted to the relevant local authority in reliance on paragraph (4) before the date on which the responsible person wishes to admit people to the event or venue in question.