The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) Regulations 2020

Exceptions from paragraph 15(1)

16.—(1) Paragraph 15(1) does not prevent P selling food or drink for consumption off the premises between the hours of 22:00 and 05:00—

(a) by making deliveries in response to orders received—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including orders by text message, or

(iii) by post,

(b) to a purchaser who collects the food or drink that has been pre-ordered by a means mentioned in paragraph (a)(i) to (iii), provided the purchaser does not enter inside the premises to do so, or

(c) to a purchaser who collects the food or drink in a vehicle, and to whom the food or drink is passed without the purchaser or any other person leaving the vehicle.

(2) Where P’s restricted business or restricted service is carried on from, or provided at, a cinema, theatre or concert hall, paragraph 15(1) does not prevent P carrying on that business or providing that service at or after 22:00 hours for the purpose of concluding a performance which began before that time.

(3) Paragraph 15(1) does not prevent P carrying on a restricted business, or providing a restricted service, of a kind specified in paragraph 18(2)(a) to (c) between the hours of 22:00 and 05:00 if—

(a) the business or service is carried on or provided within a motorway service area, and

(b) alcohol is not served between those hours in the carrying on of the business, or the provision of the service, concerned.

(4) Paragraph 15(1) does not prevent P carrying on a restricted business, or providing a restricted service, of a kind specified in paragraph 18(2)(a) to (e) between the hours of 22:00 and 05:00 if—

(a) the business or service is carried on or provided within a part of—

(i) any airport or maritime port, or

(ii) the international rail terminal area within the vicinity of Cheriton, Folkstone (as referred to in section 1(7)(b) of the Channel Tunnel Act 1987(1)),

(b) that part of the airport, maritime port or terminal area is accessible between those hours to passengers, crew or other authorised persons but not to members of the general public, and

(c) alcohol is not served between those hours in the carrying on of the business, or the provision of the service, concerned.

(5) Paragraph 15(1) does not prevent P carrying on a restricted business, or providing a restricted service, of a kind specified in paragraph 18(2)(a) to (e) between the hours of 22:00 and 05:00 if—

(a) the business or service is carried on or provided in an aircraft, train or vessel,

(b) the train or vessel is providing a public transport service, and

(c) alcohol is not served between those hours in the carrying on the business, or the provision of the service, concerned (subject to sub-paragraph (6)(b)).

(6) In sub-paragraph (5)—

(a) “public transport service” has the meaning given by regulation 2(2) of the Health Protection (Coronavirus, Wearing of Face Coverings on Public Transport) (England) Regulations 2020(2), but for these purposes does not include a service provided primarily for dining or other recreational purposes.

(b) paragraph (c) does not apply in respect of the service of alcohol to persons who are seated on an aircraft.

(7) Where P’s restricted business or restricted service is carried on from, or provided at, a workplace canteen, paragraph 15(1) does not prevent P carrying on that business or providing that service between the hours of 22:00 and 05:00 if there is no practical alternative for staff at that workplace to obtain food or drink between those hours.

(8) In this Part of this Schedule “alcohol” has the meaning given in section 191 of the Licensing Act 2003(3).

(1)

1987 c. 53.

(2)

S.I. 2020/592, as amended by S.I. 2020/1021.

(3)

2003 c. 17. Section 191 was amended by the Policing and Crime Act 2017 (c. 3), section 135, and by S.I. 2006/2407.