6.—(1) A person who is responsible for carrying on a food and drink business in a Level 4 area must—
(a)close any premises, or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,
(b)cease selling food or drink for consumption on those premises,
(c)not permit consumption of food or drink on those premises by members of the public.
(2) Sub-paragraph (1) does not prevent food or drink being sold—
(a)for consumption off the premises, [F1provided that the person responsible for carrying on the food and drink business ensures that—
(i)the food or drink is provided by means of a delivery to the customer, or
(ii)the customer who collects the food or drink does not enter into the premises to do so,]
(b)by a hotel or other accommodation for consumption as part of room service,
(c)by a hotel or other accommodation between the hours of 0600 and 2200 for consumption by its residents in any other area of the hotel or accommodation,
(d)for consumption in a cafe, dining hall or canteen at—
(i)a hospital or care home,
(ii)a school or student accommodation,
(iii)a prison,
(iv)an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence, or
(v)a workplace canteen where—
(aa)there is no practical alternative for staff at that workplace to obtain food, and
(bb)so far as reasonably possible, a distance of at least two metres can be maintained between any person using the canteen,
(e)for consumption in premises providing food or drink to homeless persons,
(f)for consumption in premises which are airside at an airport,
(g)for consumption in premises which are on a ferry.
(3) Sub-paragraph (2)(c) to (g) does not apply in relation to the sale of alcohol.
(4) Sub-paragraph (1) does not prevent—
(a)the consumption of food or drink by a resident of a hotel in their private room,
(b)the consumption of food or drink by members of the public in any of the premises described in sub-paragraph (2)(d) to (g).
(5) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.
(6) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.
[F2(7) Sub-paragraph (1) does not prevent the use of suitable premises to host vaccination services, where requested to do so by the Scottish Ministers, a local authority or a health board.]
[F3(8) Sub-paragraph (1) does not prevent the use of suitable premises which a returning officer or electoral registration officer has requested the use of in connection with the carrying out of any of their functions in relation to an election.]
Textual Amendments
F1Sch. 5 para. 6(2)(a)(i)(ii) and words inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 10
F2Sch. 5 para. 6(7) inserted (16.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(2), 8(g)
F3Sch. 5 para. 6(8) inserted (29.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/49), regs. 1, 5(e)
Commencement Information
I1Sch. 5 para. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)