The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

PART 4 E+W Restrictions on certain businesses and services

CHAPTER 1 E+W Business and services whose premises must be closed but to which limited access may be allowed

Closure of food and drink businesses E+W

7.—(1) A person responsible for carrying on a business which is listed in paragraphs 12 to 14 (food and drink businesses) must—

(a) close to members of the public any premises operated as part of the business, and

(b) not carry on business at such premises otherwise than in accordance with this paragraph.

(2) Sub-paragraph (1) does not prevent—

(a) the use of premises for—

(i) the sale of food and drink for consumption off the premises, or

(ii) services providing food or drink to homeless people;

(b) the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);

(c) a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;

(d) the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.

(3) For the purposes of sub-paragraph (1), an indoor area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business.

(4) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Commencement Information

I1 Sch. 4 para. 7 in force at 20.12.2020, see reg. 1(3)

Closure of holiday or travel accommodation E+W

8.—(1) A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (holiday or travel accommodation) must—

(a) close to members of the public any premises operated as part of the business, and

(b) not carry on business at such premises otherwise than in accordance with this regulation.

(2) Sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—

(i) are unable to return to their main residence, or

(ii) are using the accommodation as their main residence;

(d) the use of premises to carry on the business by providing information or other services—

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

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

(iii) by post.

(3) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Commencement Information

I2 Sch. 4 para. 8 in force at 20.12.2020, see reg. 1(3)

Closure of community centres and crematoriums E+W

9.—(1) A person responsible for premises that are of a kind listed in paragraphs 19 and 20 must ensure that the premises are closed to members of the public, except for the uses permitted by sub-paragraphs (2) and (3).

(2) A community centre may be open—

(a) to provide essential voluntary services, or

(b) to provide public services upon the request of the Welsh Ministers or a local authority.

(3) A crematorium may open to members of the public for funerals or burials (and to broadcast a funeral or burial whether over the internet or otherwise).

(4) Sub-paragraph (1) does not apply to the grounds surrounding a crematorium, including any burial ground or garden of remembrance.

(5) In this paragraph, “public services” includes the provision of food banks or other support for homeless or vulnerable people, childcare, blood donation sessions or support in an emergency.

Commencement Information

I3 Sch. 4 para. 9 in force at 20.12.2020, see reg. 1(3)

CHAPTER 2 E+W Businesses or services whose premises are required to be closed

Closure of businesses and services E+W

10.—(1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 21 to 48 must—

(a) close to members of the public any premises operated as part of the business or service, and

(b) not carry on the business or service at such premises otherwise than in accordance with this paragraph.

(2) Sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse for such a broadcast;

(d) the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

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

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

(iii) by post;

(e) the use of premises for the provision of information—

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

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

(iii) by post.

(3) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Commencement Information

I4 Sch. 4 para. 10 in force at 20.12.2020, see reg. 1(3)

CHAPTER 3 E+W Business and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closed E+W

11.—(1) Despite the preceding provisions of this Part, premises operated by businesses or services listed in paragraphs 49 to 66 may continue to be open.

(2) And shopping centres, shopping arcades and markets may be open to the public to the extent that this is required for access to a business or service listed in paragraphs 49 to 66.

(3) A person responsible for premises authorised for the sale or supply of alcohol for consumption off the premises may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

(4) Sub-paragraph (3) does not allow the person responsible for the premises to sell or supply alcohol in contravention of an authorisation granted or given in respect of the premises.

Commencement Information

I5 Sch. 4 para. 11 in force at 20.12.2020, see reg. 1(3)

CHAPTER 4 E+W List of closed premises

Closed premises E+W

Food and drink businesses

12.  Bars (including bars in members' clubs). E+W

Commencement Information

I6 Sch. 4 para. 12 in force at 20.12.2020, see reg. 1(3)

13.  Public houses. E+W

Commencement Information

I7 Sch. 4 para. 13 in force at 20.12.2020, see reg. 1(3)

14.  Cafes, canteens and restaurants (including workplace canteens and dining rooms in members' clubs). E+W

Holiday or travel accommodation

Commencement Information

I8 Sch. 4 para. 14 in force at 20.12.2020, see reg. 1(3)

15.  Camping sites. E+W

Commencement Information

I9 Sch. 4 para. 15 in force at 20.12.2020, see reg. 1(3)

16.  Holiday sites. E+W

Commencement Information

I10 Sch. 4 para. 16 in force at 20.12.2020, see reg. 1(3)

17.  Hotels and bed and breakfast accommodation; E+W

Commencement Information

I11 Sch. 4 para. 17 in force at 20.12.2020, see reg. 1(3)

18.  Other holiday accommodation (including holiday apartments, hostels and boarding houses). E+W

Public services etc.

Commencement Information

I12 Sch. 4 para. 18 in force at 20.12.2020, see reg. 1(3)

19.  Community centres. E+W

Commencement Information

I13 Sch. 4 para. 19 in force at 20.12.2020, see reg. 1(3)

20.  Crematoriums. E+W

Commencement Information

I14 Sch. 4 para. 20 in force at 20.12.2020, see reg. 1(3)

21.  Libraries and archive services. E+W

Personal services etc.

Commencement Information

I15 Sch. 4 para. 21 in force at 20.12.2020, see reg. 1(3)

22.  Hair salons and barbers. E+W

Commencement Information

I16 Sch. 4 para. 22 in force at 20.12.2020, see reg. 1(3)

23.  Nail and beauty salons including tanning and electrolysis services. E+W

Commencement Information

I17 Sch. 4 para. 23 in force at 20.12.2020, see reg. 1(3)

24.  Body piercings and tattooing services. E+W

Leisure and social etc.

Commencement Information

I18 Sch. 4 para. 24 in force at 20.12.2020, see reg. 1(3)

25.  Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance. E+W

Commencement Information

I19 Sch. 4 para. 25 in force at 20.12.2020, see reg. 1(3)

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

Commencement Information

I20 Sch. 4 para. 26 in force at 20.12.2020, see reg. 1(3)

27.  Cinemas. E+W

Commencement Information

I21 Sch. 4 para. 27 in force at 20.12.2020, see reg. 1(3)

28.  Concert halls and theatres. E+W

Commencement Information

I22 Sch. 4 para. 28 in force at 20.12.2020, see reg. 1(3)

29.  Casinos. E+W

Commencement Information

I23 Sch. 4 para. 29 in force at 20.12.2020, see reg. 1(3)

30.  Bingo halls. E+W

Commencement Information

I24 Sch. 4 para. 30 in force at 20.12.2020, see reg. 1(3)

31.  Amusement arcades. E+W

Commencement Information

I25 Sch. 4 para. 31 in force at 20.12.2020, see reg. 1(3)

32.  Bowling alleys. E+W

Commencement Information

I26 Sch. 4 para. 32 in force at 20.12.2020, see reg. 1(3)

33.  Indoor play centres or areas. E+W

Commencement Information

I27 Sch. 4 para. 33 in force at 20.12.2020, see reg. 1(3)

34.  Funfairs, amusement parks and theme parks. E+W

Commencement Information

I28 Sch. 4 para. 34 in force at 20.12.2020, see reg. 1(3)

35.  Holiday, leisure activity or events businesses. E+W

Commencement Information

I29 Sch. 4 para. 35 in force at 20.12.2020, see reg. 1(3)

36.  Museums and galleries. E+W

Commencement Information

I30 Sch. 4 para. 36 in force at 20.12.2020, see reg. 1(3)

37.  Skating rinks. E+W

Commencement Information

I31 Sch. 4 para. 37 in force at 20.12.2020, see reg. 1(3)

38.  Trampoline parks and centres. E+W

Commencement Information

I32 Sch. 4 para. 38 in force at 20.12.2020, see reg. 1(3)

39.  Enclosed or indoor skate parks and centres. E+W

Commencement Information

I33 Sch. 4 para. 39 in force at 20.12.2020, see reg. 1(3)

40.  Spas. E+W

Commencement Information

I34 Sch. 4 para. 40 in force at 20.12.2020, see reg. 1(3)

41.  Venues for events or conferences (including venues for weddings). E+W

Commencement Information

I35 Sch. 4 para. 41 in force at 20.12.2020, see reg. 1(3)

42.  Visitor attractions. E+W

Sports and exercise.

Commencement Information

I36 Sch. 4 para. 42 in force at 20.12.2020, see reg. 1(3)

43.  Sports or exercise facilities, including indoor fitness studios and gyms. E+W

Commencement Information

I37 Sch. 4 para. 43 in force at 20.12.2020, see reg. 1(3)

44.  Swimming pools. E+W

Commencement Information

I38 Sch. 4 para. 44 in force at 20.12.2020, see reg. 1(3)

45.  Sports courts, bowling greens, golf courses and enclosed sports grounds or pitches (whether outdoors or indoors). E+W

Retail etc.

Commencement Information

I39 Sch. 4 para. 45 in force at 20.12.2020, see reg. 1(3)

46.  Any business offering goods or services for sale or hire in retail premises. E+W

Commencement Information

I40 Sch. 4 para. 46 in force at 20.12.2020, see reg. 1(3)

47.  Shopping centres and shopping arcades. E+W

Commencement Information

I41 Sch. 4 para. 47 in force at 20.12.2020, see reg. 1(3)

48.  Estate or letting agents [F1 and developer sales offices]. E+W

Textual Amendments

F1 Words in Sch. 4 para. 48 substituted (9.1.2021 at 4.00 a.m.) by The Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021 (S.I. 2021/20), regs. 1(2), 8(7)

Commencement Information

I42 Sch. 4 para. 48 in force at 20.12.2020, see reg. 1(3)

Exempt premises E+W

Public services etc.

49.  Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health. E+W

Commencement Information

I43 Sch. 4 para. 49 in force at 20.12.2020, see reg. 1(3)

50.  Hospital libraries and libraries at educational establishments. E+W

Commencement Information

I44 Sch. 4 para. 50 in force at 20.12.2020, see reg. 1(3)

51.  Funeral directors. E+W

Commencement Information

I45 Sch. 4 para. 51 in force at 20.12.2020, see reg. 1(3)

52.  Veterinary surgeons. E+W

Food and drink businesses

Commencement Information

I46 Sch. 4 para. 52 in force at 20.12.2020, see reg. 1(3)

53.  Cafés and canteens at a hospital, care home, school or within accommodation provided for students. E+W

Commencement Information

I47 Sch. 4 para. 53 in force at 20.12.2020, see reg. 1(3)

54.  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. E+W

Retail etc.

Commencement Information

I48 Sch. 4 para. 54 in force at 20.12.2020, see reg. 1(3)

55.  Businesses offering the following goods for sale or hire in a shop— E+W

(a) food or drink for consumption off the premises (including food for pets and other domestic animals);

(b) products essential for the storage, preparation or consumption of food or drink;

(c) products for the essential upkeep, maintenance or functioning of the home or a workplace;

(d) pharmaceutical products, health and personal care products, baby products (including clothing), toiletries and cosmetics;

(e) newspapers and magazines;

(f) bicycles and products essential for the use and maintenance of bicycles,

but only for the purposes of selling or hiring those goods.

Commencement Information

I49 Sch. 4 para. 55 in force at 20.12.2020, see reg. 1(3)

56.  Food markets, convenience stores, corner shops, pet shops, off licences and petrol stations. E+W

Commencement Information

I50 Sch. 4 para. 56 in force at 20.12.2020, see reg. 1(3)

57.  Supermarkets and other shops that sell multiple types of goods but only for the purposes of— E+W

(a) selling the goods listed in paragraph 55;

(b) selling goods of a type ordinarily sold by any of the businesses listed in paragraph 56;

(c) selling other goods—

(i) where it is not reasonably practicable to separate or demarcate those areas of a shop that ordinarily displays such goods from those areas that display the goods mentioned in paragraphs (a) and (b);

(ii) on an exceptional basis where the goods are required in an emergency or on compassionate grounds.

Commencement Information

I51 Sch. 4 para. 57 in force at 20.12.2020, see reg. 1(3)

58.  Shops offering maintenance or repair services for telecommunications or information technology devices. E+W

Commencement Information

I52 Sch. 4 para. 58 in force at 20.12.2020, see reg. 1(3)

59.  Building supplies and hardware stores. E+W

Commencement Information

I53 Sch. 4 para. 59 in force at 20.12.2020, see reg. 1(3)

60.  Banks, building societies and other financial services providers. E+W

Commencement Information

I54 Sch. 4 para. 60 in force at 20.12.2020, see reg. 1(3)

61.  Post offices. E+W

Commencement Information

I55 Sch. 4 para. 61 in force at 20.12.2020, see reg. 1(3)

62.  Car repair and MOT services. E+W

Commencement Information

I56 Sch. 4 para. 62 in force at 20.12.2020, see reg. 1(3)

[F2 62A.   Automatic car washes.] E+W

Textual Amendments

F2 Sch. 4 para. 62A inserted (30.1.2021) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/103), regs. 1(2), 2(6)(d)

63.  Livestock markets or auctions. E+W

Commencement Information

I57 Sch. 4 para. 63 in force at 20.12.2020, see reg. 1(3)

64.  Laundrettes and dry cleaners. E+W

Commencement Information

I58 Sch. 4 para. 64 in force at 20.12.2020, see reg. 1(3)

65.  Taxi or vehicle hire businesses. E+W

Commencement Information

I59 Sch. 4 para. 65 in force at 20.12.2020, see reg. 1(3)

66.  Agricultural or aquacultural supplies shops. E+W

Commencement Information

I60 Sch. 4 para. 66 in force at 20.12.2020, see reg. 1(3)