Covid 19 - Scotland Covid Passport Guidance

Following the mandatory use of Covid Passports in Scotland from yesterday 2 papers have been issued by way of guidance to operators and enforcers.

Firstly, we have the Scottish vaccine certification scheme - information for local authorities issued under the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021.

The Guidance provides information to local authority officers for enforcing the Coronavirus vaccine certification scheme. It:

• sets out the role and powers of designated local authority officers with regards to the scheme
• provides a summary of the requirements and expectations on premises and events covered by the scheme
• provides guidance on how local authorities can review the compliance of the relevant premises/events
• provides an example of how a compliance plan may be completed to evidence to local authorities that the business/premises is meeting requirements

Quite clearly from an operational point of view awareness of these expectations are useful in ensuring they are achieved and referral to the Guidance would be worthwhile.

The key area for the establishment of systems is around the checks to be implemented and how refusals are undertaken as a reminder it is stated that:

“relevant businesses and event organisers are required to have a reasonable system in place to ensure that only permitted individuals enter the relevant premises or events covered by the regulations. This reasonable system should include a process for removing or refusing access to those not permitted to be on the relevant premises. Permitted individuals are those set out in regulation 7A(3) of the Regulations. In short, permitted individuals are fully vaccinated with some additional specific categories for individuals who are under 18, attending the premises for certain work-related purposes, or cannot be fully vaccinated and are exempt.”

To assist operators there is a second document Coronavirus (COVID-19): vaccine certification scheme - information for businesses and event organisers.
This document provides a number of examples of when the system comes in to play, two of which are:

Venue A - opens at 4 pm and closes at 3 am. It serves alcohol after midnight and has a dancefloor with a DJ from 10 pm until the venue closes at 3 am.

Venue must ensure that only those who can provide proof they are fully vaccinated or exempt to be present after midnight as the venue meets all of the conditions of the scheme.

The venue will need to check that any customers who entered the venue after midnight have proof of vaccination or are exempt as well as anyone who entered the venue before midnight but who are still there after this time.

To help manage the operation of the scheme, the venue could choose to start asking for proof of vaccine status or exemption at the point the dance floor opens at 10 pm or any time before midnight. However, it will be for the venue to decide how to operate the scheme.

Venue B - opens at 4 pm and ceases operations at 11 pm. Live music is available between the hours of 5 and 9 pm and the dancefloor is open during these hours.

COVID certification does not apply to this venue as it ceases operation before midnight so does not meet all of the conditions set out above.

Within the business and event organisers document there is a section which provides advice on the management of customers, it also provides advice on the management of customers,

• ensuring queuing systems are in place and managed
• giving people different wristbands upon entry so your venue staff can see who has already provided proof they are vaccinated (without creating any system which would identify those who have an exemption)
• making an announcement to pre-warn customers when vaccination certification will start in the premises and follow up with an announcement when this starts – this will allow customers to decide if they want to leave the premises or get their vaccine certificates ready to show staff
• having some members of staff check that those in the premises at midnight have proof of vaccination or exemption
• closing the premises to allow customers to re-enter once they have provided proof of vaccination or exemption
• asking for proof of vaccination from the time the premises opens

It also sets a useful checklist for operators to work to and provides a link to a template which can be used for the privacy notice. The key steps are extracted below.

• develop a compliance plan describing the system that you will operate by 18 October (please see the template contained in this guidance). This should set out and justify your checking regime and show that you have implemented a reasonable system. It should also contain details of your contingency plan in the event that you experience any technical issues (for example, if you encounter any technical issues accessing the COVID Check App)
• download the free NHS Scotland COVID Check app to a smartphone or other suitable device - the app contains guidance on how to use it
• familiarise yourself with the data protection venue guidance and your obligations under the Data Protection Act
• display the COVID Check app privacy notice policy at the entrance(s) of your venue - a template is available to download and print
• refresh policies and organise training for staff to ensure everyone knows how the scheme works and what they need to do
• provide clear, and up-to-date information to customers regarding entry procedures – this could be communicated on your website, as part of your ticketing information or visually displayed as part of any material you display outside your venue or event

All operators in Scotland are advised to review the documents and we would urge operators to keep the Passport requirements in mind - they may not apply to your premise today but as we get into Halloween, Bonfire night and then Christmas you may fall into the criteria as you start to help people celebrate these special calendar dates.