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3.—[F1(1) F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Subject to paragraph (2A), a person responsible for carrying on a business which is listed in Part 1 of Schedule 2 must—
(a)during the emergency period—
(i)close any premises, or part of the premises, in which food or intoxicating liquor are sold for consumption on those premises, and
(ii)cease selling food or intoxicating liquor for consumption on its premises; or
(b)if the business sells food or intoxicating liquor for consumption off the premises, cease selling food or drink for consumption on its premises during the emergency period.
(2A) (a) A person responsible for carrying on a business which is listed in Part 1 of Schedule 2 may, during the emergency period, sell [F3intoxicating liquor, with or without food,] for consumption on those premises in the following circumstances—
(i)if the service takes place indoors, intoxicating liquor may only be served with food and the food must be a main table meal;
(ii)if the service takes place outdoors, intoxicating liquor may be served with or without food, but only to persons seated at a table and not at the bar.
(b)For the purposes of paragraph (a)(i), a “main table meal” means a meal which is in its entirety, or which includes, a main course and which is eaten by a person seated at—
(i)a table; or
(ii)a counter or other structure which serves the purpose of a table and which is not used wholly or mainly as a bar or for the service of refreshments for consumption by persons not seated at a table or that counter or structure.
(3) (a) For the purposes of paragraph 2(a), 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.
(b)For the purposes of paragraph (2)(a)(ii) and (b), 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) F4... A person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period.
F5(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Paragraph (4) does not prevent the use of—
(a)premises used for the businesses or services listed in [F6paragraphs 6 or 9] of that Part to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast;
(b)any suitable premises used for the businesses or services listed in that Schedule to host blood donation sessions.
[F7(c)premises used for the businesses listed in [F8paragraphs 6, 7 or 9] of that Part to screen a film or to stage a live music concert or theatre performance outdoor to persons who are present in a vehicle parked on the premises, subject to the person responsible for the business taking all reasonable measures to ensure that—
(i)all those who attend for this purpose remain inside the vehicle in which they arrived at the premises for the duration of the film or live concert or performance; and
(ii)the occupants of each vehicle are members of the same household.]
[F9(d)premises which are used as indoor sports facilities, including those used for the businesses or services listed in [F10paragraph 18] of that Part, for the purpose of training undertaken by elite athletes.]
(6) If a business listed in Part 1 or 2 of Schedule 2 (“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) if it closes down business A.
Textual Amendments
F1Reg. 3(1)(2)(2A)(3) substituted for reg. 3(1)-(3) (2.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 8) Regulations (Northern Ireland) 2020 (S.R. 2020/118), regs. 1(4), 2(3)(a) (with reg. 3)
F2Reg. 3(1) omitted (2.7.2020 at 11.30 p.m.) by virtue of The Health Protection (Coronavirus, Restrictions) (Amendment No. 10) Regulations (Northern Ireland) 2020 (S.R. 2020/128), regs. 1(2), 2(2) (with reg. 3)
F3Words in reg. 3(2A)(a) substituted (2.7.2020 at 11.30 p.m.) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 10) Regulations (Northern Ireland) 2020 (S.R. 2020/128), regs. 1(2), 2(3) (with reg. 3)
F4Words in reg. 3(4) omitted (5.7.2020 at 11.00 p.m.) by virtue of The Health Protection (Coronavirus, Restrictions) (Amendment No. 8) Regulations (Northern Ireland) 2020 (S.R. 2020/118), regs. 1(5), 2(3)(d) (with reg. 3)
F5Reg. 3(4A) omitted (5.7.2020 at 11.00 p.m.) by virtue of The Health Protection (Coronavirus, Restrictions) (Amendment No. 8) Regulations (Northern Ireland) 2020 (S.R. 2020/118), regs. 1(5), 2(3)(e) (with reg. 3)
F6Words in reg. 3(5)(a) substituted (9.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 11) Regulations (Northern Ireland) 2020 (S.R. 2020/139), regs. 1(2), 2(3)(a) (with reg. 3)
F7Reg. 3(5)(c) inserted (21.5.2020 at 11:00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 4) Regulations (Northern Ireland) 2020 (S.R. 2020/86), regs. 1, 2(2) (with reg. 3)
F8Words in reg. 3(5)(c) substituted (9.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 11) Regulations (Northern Ireland) 2020 (S.R. 2020/139), regs. 1(2), 2(3)(b) (with reg. 3)
F9Reg. 3(5)(d) inserted (28.6.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 8) Regulations (Northern Ireland) 2020 (S.R. 2020/118), regs. 1(3), 2(3)(f) (with reg. 3)
F10Words in reg. 3(5)(d) substituted (16.7.2020 at 11.00 p.m.) by The Health Protection (Coronavirus, Restrictions) (Amendment No. 11) Regulations (Northern Ireland) 2020 (S.R. 2020/139), regs. 1(4), 2(3)(c) (with reg. 3)
Commencement Information
I1Reg. 3 in operation at 28.3.2020, see reg. 1(1)
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