Covid 19 - Guidance Confirms LA Enforcement Powers

On the 14^th of April updated guidance was issued to Local authorities that confirms their enforcement powers principally against hospitality venues in the form of the:

• Coronavirus Improvement Notice
• Coronavirus Restriction Notice
• Coronavirus Immediate Restriction Notice

The latter can be issued by enforcement officers where rapid action is needed to close a premises or restrict an activity to stop the spread of the virus, without first issuing a Coronavirus Improvement Notice.

Penalties increase from £2000 to £4000 and there is a right of Appeal.

Importantly the Guidance stipulates the rules which they are to enforce and these are:

• take reasonable steps not to accept bookings, admit groups or allow persons to join groups or interact, in a way that offends the gatherings rules
• keep appropriate distance between tables in hospitality premises
• display a notice or otherwise ensure persons entering the relevant area are given the relevant information about the rules on face coverings, that information being that they need to wear one unless an exemption applies
• prohibit a person responsible for a business from preventing or seeking to prevent any person at their premises from wearing a face covering where they must do so
• a requirement to close premises or business as set out in the Steps Regulations at step 1, step 2 and at step 3 and in the business and venue closure guidance
• a requirement to close any indoor premises, or indoor part of the premises, in which food or drink are provided for consumption on a restricted businesses and to cease providing food or drink indoors, as set out in the Steps Regulations, at step 1 and step 2
• a requirement for a business which serves alcohol for consumption on the premises to ensure that food or drink is ordered by, and served to, a customer who is seated on the premises and that the business takes all reasonable steps to ensure the customer stays seated, as set out in the Steps Regulations at step 2 and step 3
• display an NHS QR code in a relevant premises for the collection of contact details
• request certain details from all members of a group, when they seek to enter a relevant premises and have not scanned the NHS QR code
• request the details of an individual and the one member of staff, volunteer or person providing the service, where an individual will only come into contact with that person
• require hospitality businesses or premises to refuse entry to individuals or groups who do not provide the required details
• require businesses or premises to retain this information securely for 21 days and disclose those details when requested to do so by a public health officer
• require an employer not to knowingly allow a worker who must self-isolate to attend work other than at the designated place of isolation, during the period of isolation