Requirement to take preventative measures on regulated premises to minimise riskE+W
21.—(1) For the purposes of paragraph (2)—
(a)“regulated premises” means—
(i)premises of businesses or services listed in Part 1 of Schedule 2;
(ii)a vehicle used to provide a public transport service;
(iii)other premises where work is being carried out;
(b)the “responsible person” means—
(i)in relation to regulated premises referred to in sub-paragraph (a)(i) or (ii), the person responsible for the premises,
(ii)in relation to regulated premises of the kind referred to in sub-paragraph (a)(iii), the person responsible for the work being carried out on the premises.
(2) For the purposes of minimising the risk of exposure to coronavirus at regulated premises, or the spread of coronavirus by those who have been at regulated premises, the responsible person must—
(a)take all reasonable measures to ensure—
(i)that a distance of 2 metres is maintained between any persons on the premises (except between members of the same household or a carer and the person assisted by the carer);
(ii)where persons are required to wait to enter the premises, that a distance of 2 metres is maintained between them (except between members of the same household or a carer and the person assisted by the carer),
(b)take any other reasonable measures for that purpose, for example measures which limit close face–to-face interaction and maintain hygiene such as—
(i)changing the layout of premises including the location of furniture and workstations;
(ii)controlling use of entrances, passageways, stairs and lifts;
(iii)controlling use of shared facilities such as toilets and kitchens;
(iv)otherwise controlling the use of, or access to, any other part of the premises;
(v)installing barriers or screens;
(vi)providing or requiring use of personal protective equipment, and
(c)provide information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.
(3) Measures that may be taken under paragraph (2) also include—
(a)not carrying out certain activities;
(b)closing a part of the premises;
(c)allowing and enabling a person who ordinarily works at the premises to isolate for a specified period due to testing positive for coronavirus or having had close contact with somebody who has tested positive, where that person—
(i)has been asked to do so by the Welsh Ministers;
(ii)has been required to do so by a notification given by a contact tracer;
(d)collecting contact information from each person at the premises and retaining it for 21 days for the purpose of providing it to any of the following, upon their request—
(i)the Welsh Ministers;
(ii)a contact tracer;
(e)taking reasonable measures to ensure that such contact information is correct.
(4) Where paragraph (2) applies to a person responsible for premises authorised for the sale or supply of alcohol for consumption on the premises, the sale or supply of food or drink for consumption on the premises must be carried out in accordance with the reasonable measures specified in paragraph (5) (subject to paragraphs (6) and (7)).
(5) The reasonable measures are that—
(a)there must be a person controlling entry to the premises and allocating a limited time period during which customers may stay in the premises;
(b)customers must be seated in the premises anywhere other than at a bar—
(i)when ordering food or drink,
(ii)when being served with food or drink, and
(iii)when consuming food or drink.
(6) But where food is provided at the premises on a buffet basis, customers may select food from the buffet and return to where they are seated provided a distance of 2 metres is maintained between any persons at the buffet (except between members of the same household or a carer and the person assisted by the carer).
(7) Sub-paragraphs (a) and (b) of paragraph (5) do not apply to—
(a)workplace canteens, or
(b)premises in an educational establishment.
(8) For the purposes of paragraph (4)—
(a)food or drink sold in holiday or travel accommodation as part of room service is not to be treated as being sold for consumption on the premises;
(b)food or drink sold for consumption in an area adjacent to the premises where seating is made available for customers is to be treated as being sold for consumption on the premises.
(9) Where regulated premises not authorised for the sale or supply of alcohol for consumption on the premises allow customers to consume their own alcohol on the premises, paragraphs (4) to (7) apply to those premises as they apply to premises that are authorised for the sale or supply of alcohol for consumption on the premises.
Commencement Information
I1Reg. 21 in force at 9.11.2020, see reg. 1(3)