The Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020

Regulations 11 to 15

SCHEDULE 1 Businesses and services whose premises are subject to restrictions or closure

PART 1 Businesses or services whose premises must be closed

1.  Any business selling goods or services for sale or hire in a shop, including—

(a) homeware stores;

(b) nail and beauty salons;

(c) establishments providing tanning services, massage services, body piercings, tattooing, electrolysis or acupuncture;

(d) auction houses;

(e) car dealerships;

(f) markets;

(g) betting shops;

(h) hair salons and barbers;

(i) garden centres and plant nurseries.

2.  Shopping centres and shopping arcades.

3.  Cinemas.

4.  Theatres.

5.  Nightclubs, discotheques, dance halls or other venues where live or recorded music is provided for members of the public or members of the venue to dance.

6.  Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982(1)).

7.  Bingo halls.

8.  Concert halls.

9.  Casinos.

10.  Skating rinks.

11.  Swimming pools.

12.  Leisure centres and leisure facilities including indoor fitness studios, gyms and spas.

13.  Sports courts, skate parks, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors).

14.  Bowling alleys, amusement arcades and indoor play areas.

15.  Museums, galleries and archive services.

16.  Funfairs, amusements parks and theme parks.

17.  Visitor attractions and holiday, leisure activity or events businesses.

18.  Recycling centres.

19.  Libraries.

20.  Estate or letting agents, developer sales offices and show homes.

21.  Venues for events or conferences (including venues for weddings other than places of worship and registry offices).

PART 2 Business or services whose premises must be closed but to which limited access is allowed

CHAPTER 1 Premises selling food and drink for consumption on the premises

22.  Restaurants, including restaurants and dining rooms in members’ clubs and on the premises of businesses listed in Chapter 2 of this Part.

23.  Cafés, including workplace canteens and cafés on the premises of businesses listed in Chapter 2 of this Part.

24.  Bars, including bars in members’ clubs and on the premises of businesses listed in Chapter 2 of this Part.

25.  Public houses.

CHAPTER 2 Hotels and holiday accommodation

26.  Holiday sites.

27.  Camping sites.

28.  Hotels and bed and breakfast accommodation.

29.  Other holiday accommodation (including holiday apartments, hostels and boarding houses).

CHAPTER 3 Others

30.  Places of worship.

31.  Community centres.

32.  Crematoriums.

PART 3 Businesses and services whose premises may be open

33.  Food retailers, including food markets, supermarkets, convenience stores, corner shops and establishments selling food or drink for consumption off the premises (including premises authorised for the sale or supply of alcohol for consumption off the premises).

34.  Cafés and canteens at a hospital, care home, school or within accommodation provided for students.

35.  Canteens at a prison or 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.

36.  Hospital libraries and libraries at educational establishments.

37.  Newsagents.

38.  Building supplies and hardware stores.

39.  Pharmacies (including non-dispensing pharmacies) and chemists.

40.  Bicycle shops.

41.  Petrol stations.

42.  Car repair and MOT services.

43.  Taxi or vehicle hire businesses.

44.  Banks, building societies, credit unions, short term loan providers, savings clubs, cash points and undertakings which by way of business operate currency exchange offices, transmit money (or any representation of money) by any means or cash cheques which are made payable to customers.

45.  Post offices.

46.  Laundrettes and dry cleaners.

47.  Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health.

48.  Veterinary surgeons and pet shops.

49.  Agricultural or aquacultural supplies shops.

50.  Livestock markets or auctions.

51.  Funeral directors.

PART 4 Interpretation

52.—(1) For the purposes of this Schedule, a “holiday site” means any land in Wales on which a mobile home or caravan is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), in respect of which the relevant planning permission or the site licence for the land—

(a) is expressed to be granted for holiday use only, or

(b) requires that there are times of the year when no mobile home or caravan may be stationed on the site for human habitation.

(2) For the purpose of determining whether or not a site is a holiday site, any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by—

(a) the person who is the owner of the site, or

(b) a person employed by that person but who does not occupy the mobile home under an agreement to which Part 4 of the Mobile Homes (Wales) Act 2013(2) applies.

Regulation 22

SCHEDULE 2 Enforcement of requirement to take preventative measures on regulated premises

Premises improvement notice

1.—(1) An enforcement officer may issue a notice (a “premises improvement notice”) to a responsible person if the officer considers that—

(a) the person is not complying with the obligations imposed on the person by regulation 17(2), and

(b) the measures specified in the notice are necessary and proportionate in order to ensure that the person complies with those obligations.

(2) A premises improvement notice must—

(a) specify the premises to which it relates;

(b) specify the measures it requires to be taken in order to ensure that the person complies with the obligations imposed by regulation 17(2);

(c) specify a time limit within which the measures must be taken (which must not be less than 48 hours beginning with the time the notice is issued);

(d) give details of the right of appeal conferred by paragraph 5.

(3) In this Schedule, “responsible person” has the meaning given by regulation 17(1)(b).

Premises closure notice

2.—(1) If either condition 1 or condition 2 is satisfied, an enforcement officer may issue a notice (a “premises closure notice”) to a responsible person requiring the premises, or part of the premises, to be closed.

(2) Condition 1 is—

(a) a premises improvement notice has been issued to the person,

(b) the enforcement officer considers that the person has failed to take the measures specified in the premises improvement notice within the specified time limit, and

(c) the officer considers that the closure of the premises, or part of the premises, is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

(3) Condition 2 is that the enforcement officer considers that—

(a) the person is not complying with the obligations imposed on the person by regulation 17(2), and

(b) the closure of the premises, or part of the premises, (without a premises improvement notice having been issued) is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus.

(4) A premises closure notice must—

(a) contain a description of the premises to be closed,

(b) where a premises improvement notice has been issued, set out the measures that the enforcement officer considers—

(i) have not been taken, and

(ii) must be taken in order to ensure that the responsible person complies with the obligations imposed by regulation 17(2),

(c) where a premises improvement notice has not been issued, set out the reasons why the enforcement officer considers that the person is not complying with the obligations imposed by regulation 17(2),

(d) in either case, set out the reasons why the enforcement officer considers that closure of the premises is necessary and proportionate for the purpose of minimising the risk of exposure to coronavirus,

(e) specify the period for which the notice has effect, and

(f) give details of the right of appeal conferred by paragraph 5.

(5) The period specified under sub-paragraph (4)(e) may not be more than 336 hours (14 days) beginning with the time the notice is issued.

(6) A premises closure notice has effect from the time at which it is issued or from a later time specified in the notice.

(7) A premises closure notice may not be issued in relation to premises which form part of critical infrastructure (for example, premises used to generate electricity or supply water) or which are used to provide essential public services.

Effect of premises closure notice

3.—(1) As soon as is reasonably practicable after a premises closure notice takes effect, the person to whom it is issued must ensure that—

(a) the premises to which the notice relates are closed, and

(b) no business is carried on or service is provided on, or from, the premises.

(2) No person may enter, or be on, premises closed under sub-paragraph (1) without a reasonable excuse.

(3) For the purposes of sub-paragraph (2), the circumstances in which a person has a reasonable excuse include where—

(a) the person lives on the premises;

(b) the person is carrying out essential maintenance or repairs;

(c) the person is doing things necessary to ensure that regulation 17(2) can be complied with when the premises are allowed to be open;

(d) the person is an enforcement officer or a person assisting an enforcement officer;

(e) it is necessary for the person to be on the premises to avoid injury or illness or escape a risk of harm.

Termination of premises improvement or closure notice

4.—(1) An enforcement officer may issue a notice terminating a premises improvement notice or a premises closure notice if satisfied that—

(a) the measures specified in the premises improvement notice (if one was issued) have been taken, or

(b) other measures have been taken to ensure that regulation 17(2) can be complied with at the premises in question.

(2) A premises improvement notice or premises closure notice ceases to have effect at the time notice of the termination is issued.

Appeals

5.—(1) A person to whom a premises improvement notice or premises closure notice is issued may appeal to a magistrates’ court against the notice.

(2) An appeal must be made—

(a) by way of complaint for an order, and in accordance with the Magistrates’ Courts Act 1980, and

(b) within 7 days after the day the notice is issued.

(3) But a magistrates’ court may allow an appeal to be made after the expiry of the period mentioned in sub-paragraph (2)(b) if satisfied that there is a good reason for the failure to appeal before the expiry of that period (and for any delay in applying for permission to appeal out of time).

(4) A magistrates’ court may suspend the effect of a premises improvement notice or premises closure notice pending the determination of an appeal.

(5) On an appeal against a premises improvement notice or premises closure notice, a magistrates’ court may—

(a) confirm the decision to issue the notice;

(b) direct that the notice is to cease to have effect;

(c) modify the notice;

(d) make such other order as the court considers appropriate.

(6) If the magistrates’ court directs that a notice is to cease to have effect or modifies a notice, it may order the local authority for the area in which the premises in question are situated to pay compensation for loss suffered as the result of the issue of the notice.

(7) An appeal by either party against the decision of a magistrates’ court on an appeal under this section may be brought to the Crown Court.

(8) On an appeal to the Crown Court, the Court may—

(a) confirm, vary or reverse the decision of the magistrates court;

(b) remit the case to the magistrates’ court to dispose of in accordance with directions given by the Crown Court.

Issuing premises improvement and closure notices and terminations

6.—(1) A premises improvement notice, premises closure notice or a termination of either of those types of notice is issued to a person by giving a copy of it in writing to that person.

(2) But where the person responsible for the premises to which the notice or termination relates is not on the premises when it is to be issued, the notice is to be treated as having been issued to that person if—

(a) a copy of it is given to any other person on the premises who appears to be responsible for any business or service being carried out on the premises, or

(b) if there is no such person on the premises when the notice is to be issued, a copy of the notice is placed in a conspicuous position on the premises.

Publicising premises improvement and closure notices

7.—(1) This regulation applies where an enforcement officer has issued a premises improvement notice or a premises closure notice.

(2) As soon as reasonably practicable after issuing the notice, the enforcement officer must—

(a) display a copy of the notice, and a sign in the form set out in Schedule 3, in a prominent place near every entrance to the premises;

(b) arrange for the notice to be published on the website of the local authority for the area in which the premises are located.

(3) A notice or sign displayed under sub-paragraph (2)(a) must be at least A4 size.

(4) A notice required to be displayed and published under sub-paragraph (2) must continue to be displayed and published, and a sign required to be displayed under that sub-paragraph must continue to be displayed, for as long as the notice has effect.

Provision of information etc.

8.—(1) An enforcement officer may, to facilitate the exercise of a power conferred on the officer by this Schedule—

(a) require any person to give any information or answer any question the officer considers to be relevant to the exercise of the power;

(b) require the production of, inspect and take copies of, any documents or electronic records.

(2) A person may not be required under sub-paragraph (1) to provide a document, record or other information in respect of which a claim for legal professional privilege could be maintained in legal proceedings.

(3) No information or answer given by a person in response to a requirement imposed under sub-paragraph (1)(a) is admissible in evidence against that person, or the person’s spouse or civil partner, in any proceedings other than proceedings under these Regulations.

Regulation 22

SCHEDULE 3 Form of sign to accompany premises improvement notice or premises closure notice

Sign to be displayed with premises improvement notice

1.—(1) A sign displayed with a premises improvement notice under paragraph 7(2)(a) of Schedule 2 must be in the form set out below.

(2) The colours used in the sign must be white, black and amber C0 M60 Y100 K0.

Sign to be displayed with premises closure notice

2.—(1) A sign displayed with a premises closure notice under paragraph 7(2)(a) of Schedule 2 must be in the form set out below.

(2) The colours used in the sign must be white, black and red C15 M100 Y100 K0.

(1)

1982 c. 30. Paragraph 2A of Schedule 3 was inserted by section 27(3) of the Policing and Crime Act 2009 (c. 26).

(2)

2013 anaw 6, as amended by the Housing (Wales) Act 2014 (anaw 7).