The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 6) Regulations 2021

Insertion of regulations 4A and 4B

4.  After regulation 4 (guidance on minimising exposure to and requirement to take measures to minimise incidence and spread of coronavirus) insert—

“Requirements to take measures to ensure the required distance is maintained

4A.— (1) A person who is responsible for a relevant leisure premises must take measures to ensure, so far as reasonably practicable, that—

(a) a distance of at least one metre is maintained between any persons on its premises (except between persons mentioned in paragraph (2)),

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

(c) a distance of at least one metre is maintained between any persons waiting to enter its premises (except between persons mentioned in paragraph (2)).

(2) The persons mentioned in paragraph (1)(a) and (c) are—

(a) two or more members of the same household or of a group formed of more than one household attending the premises together,

(b) a carer and a person assisted by the carer,

(c) a child under 12 years of age and any other person,

(d) persons in attendance at an event or activity which relates to a funeral, marriage ceremony or civil partnership registration,

(e) the person responsible for the premises, an employee of that person, or a person providing services (voluntary or otherwise) at the premises, and any other person.

(3) In this regulation—

“carer” includes a person who provides care for the person assisted whether that care is provided—

(a)

by a carer within the meaning of section 1 of the Carers (Scotland) Act 2016(1),

(b)

on a paid basis, or

(c)

on a voluntary basis,

“relevant leisure premises” means—

(a)

amusement arcades, snooker or pool halls,

(b)

bars, including a bar in a hotel or members club,

(c)

betting shops,

(d)

bingo halls,

(e)

bowling alleys,

(f)

cafés and canteens,

(g)

casinos,

(h)

cinemas,

(i)

comedy clubs,

(j)

concert halls,

(k)

conference or exhibition centres and any other place at which an exhibition takes place,

(l)

discotheques, nightclubs and dance halls,

(m)

function halls and event venues,

(n)

hotels, hostels, boarding houses, members clubs and bed and breakfast accommodation providers,

(o)

indoor fitness studios, sports halls, gyms, swimming pools, and other indoor sport, activity or exercise facilities,

(p)

indoor funfairs,

(q)

indoor snow sports centres,

(r)

indoor skating rinks,

(s)

indoor visitor attractions,

(t)

museums and galleries,

(u)

public houses,

(v)

restaurants, including a restaurant or dining room in a hotel or members club,

(w)

sexual entertainment venues,

(x)

soft play centres,

(y)

sports stadiums, and

(z)

theatres.

Requirement for seated food and drink consumption

4B.— (1) A person who is responsible for carrying on a relevant business may sell food or drink (including non-alcoholic drink) for consumption on the premises only if—

(a) where reasonably practicable, the food or drink is ordered by, and served to, a customer who is seated on the premises, and

(b) the customer remains seated whilst consuming the food and drink on the premises.

(2) For the purposes of paragraph (1), an area adjacent to the premises of the relevant 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.

(3) If a relevant 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) that if that person complies with the requirements in relation to business A.

(4) In this regulation, a “relevant business” means any business operating in premises where, at the relevant time, alcohol is sold and consumed, or consumed, on the premises.

(5) This regulation does not apply when food or drink is ordered by and served to customers who are attending an event or activity which relates to a funeral, marriage ceremony or civil partnership registration.”.

(1)

2016 asp 9.