The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) (Amendment) Regulations 2020

Amendment of the Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020

2.—(1) The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020(1) are amended as follows.

(2) In the title to the instrument omit “Hospitality”.

(3) In regulation 1—

(a) in paragraph (1) omit “Hospitality”;

(b) in paragraph (3)—

(i) after sub-paragraph (c) insert—

“(ca) “face covering” has the meaning given in regulation 2(1) of the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020(2);”;

(ii) after sub-paragraph (d) insert—

“(e) “relevant area” means any place where a person is required to wear a face covering under the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020;

(f) “responsible person” means a person responsible for carrying on a business in a relevant area.”.

(4) After regulation 1 insert—

“Restrictions in relation to relevant premises

1A.— (1) A person who operates or occupies relevant premises must, during the emergency period, take all reasonable measures to ensure that—

(a) no bookings are accepted for a group of more than six persons unless one of the exemptions in regulation 5 of the Principal Regulations applies;

(b) no persons are admitted to the premises in a group of more than six, unless one of the exemptions in regulation 5 of the Principal Regulations applies;

(c) no person joins another group or otherwise acts in a way which would contravene the Principal Regulations.

(2) In this regulation, “relevant premises” has the same meaning as in the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020(3).”.

(5) In regulation 2—

(a) in the heading, before “undertakings” insert “hospitality”;

(b) in paragraph (1)—

(i) omit sub-paragraphs (a) to (c);

(ii) in sub-paragraph (d), for “different qualifying groups” substitute “persons who are not in the same qualifying group”;

(c) after paragraph (1) insert—

“(1A) A person responsible for carrying on a business of a public house, café, restaurant or bar (including a bar in a hotel or members’ club) must, during the emergency period, take all reasonable measures to stop—

(a) singing on the premises by customers in groups of more than six; or

(b) dancing on the premises by customers.

(1B) Paragraph (1A)(b) does not apply in relation to dancing—

(a) at a wedding ceremony or wedding reception by the couple to whom the wedding relates; or

(b) at a civil partnership ceremony or reception following a civil partnership ceremony by the couple to whom the civil partnership ceremony relates.

(1C) A person responsible for carrying on a business of a public house, café, restaurant or bar (including a bar in a hotel or members’ club) must, during the emergency period, ensure that no music is played on the premises which exceeds 85db(A) when measured at the source of the music.

(1D) Paragraph (1C) does not apply to any performance of live music.

(1E) In paragraph (1C), “db(A)” means A-weighted decibels.”.

(6) After regulation 2 insert—

“Requirements relating to signage and information

2A.— (1) A responsible person must, during the emergency period—

(a) display a notice providing the information in paragraph (2); or

(b) take other measures to ensure that any person who enters the relevant area without wearing a face covering is given the information specified in paragraph (4).

(2) The information referred to in paragraph (1)(a) is that any person present at the relevant area is required to wear a face covering under the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020 unless an exemption under those Regulations applies to the person or the person has a reasonable excuse under those Regulations not to wear a face covering; and

(3) A notice under paragraph (1)(a) must be displayed in a conspicuous location at the relevant area

(4) The information to be given to the person under paragraph (1)(b) is that the person is required to wear a face covering unless an exemption applies to the person or the person has a reasonable excuse not to wear a face covering

(5) For the purposes of this regulation, a business is carried on in a relevant area if any part of the premises from which the business operates is in the relevant area.

Prohibition on preventing a person from wearing a face covering

2B.— (1) A responsible person must not, during the emergency period, prevent, or seek to prevent, any relevant person from wearing a face covering while the relevant person is present at the relevant area.

(2) In this regulation, a “relevant person” is a person required to wear a face covering under regulation 3(1) of the Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) Regulations 2020 while present at the relevant area.”.

(7) In regulation 3(1), for “regulation 2” substitute “regulation 1A, 2, 2A or 2B”.

(8) In regulation 4—

(a) in paragraph (8)—

(i) in sub-paragraph (a), for “(9)” substitute “(7)”;

(ii) in sub-paragraph (b)(ii) for “and subsequent fixed penalty notices” substitute “fixed penalty notice”;

(iii) after sub-paragraph (b)(ii) insert—

“(iii) in the case of the fourth and subsequent fixed penalty notices received, £10,000.”;

(b) after paragraph (8) insert—

“(8A) In determining how many fixed penalty notices a person has received, fixed penalty notices issued to that person under the following Regulations are to be taken into account—

(a) the Principal Regulations, where the fixed penalty notice relates to an offence for contravening a requirement in regulation 4A or 4B of those Regulations(4);

(b) the Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020.”.

(1)

S.I. 2020/1008.

(2)

S.I. 2020/791. Amended by S.I. 2020/839, 882, 906, 1021 and 1026.

(3)

S.I. 2020/1005; for the definition of “relevant premises” see regulation 4.

(4)

S.I. 2020/684; regulations 4A, 4B and 9(6)(za) were added by S.I. 2020/1029.