Covid 19 - What you need to know - Regulations regarding the collection of customer details published.

On Thursday (17th September 2020) new regulations were introduced which will impact a number businesses, including licensed premises.

The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020 require businesses offering food and drink for consumption on the premises, leisure and tourism services, close physical contact services and services for social, cultural and recreational purposes to collect contact details from members of the public visiting the premises.

We have previously reported on the introduction of a government track & trace QR code; the above regulations now mandate the requirement to display the same at the relevant premises (from 24th September).
The relevant details are:

1. the name of the individual;
2. a telephone number on which the individual may be contacted;
3. an e-mail address if the individual is unable to provide a telephone number;
4. a postal address if the individual is unable to provide an email address;
5. the date and time that the individual entered the relevant premises;
6. where the individual is a member of a group seeking permission to enter relevant premises together, the number of people in that group (including any member of the group that has scanned a QR Code when seeking to enter the relevant premises).

The regulations require that every member of the group provides the details set out above, or that a single member of the group provides those details in place of any other member of the group doing so. We interpret this to mean that a lead member of the group can provide their details on behalf of all members of their group creating a ‘lead member’.

Collected details must be retained for 21 days ( beginning on day on which they were provided) and should be destroyed as soon as reasonably practicable thereafter.

Persons who refuse to provide plausible details must now be refused entry to relevant premises. Failure to comply with the above regulations may result in a criminal conviction and fine.

These regulations will expire on 16th September 2021 (although the need for the measure will be reviewed after 6 months).

The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020 were also published on Thursday and came into force the following day. Further details about these regulations can be found here.