Covid 19 - What you need to know - The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020

24 Sep
2020

At 5am this morning (Thursday 24th September) new regulations, the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020, in part came into force.

The regulations introduce the 10pm curfew and requirement for table service as trailed by the Prime Minster in his address earlier this week.

Curfew

At 10pm this evening (24th September 2020) “a person responsible for carrying on a restricted business or providing a restricted service… must not carry on that business or provide that service during the emergency period between the hours of 22:00hrs and 05:00hrs

The curfew does not prevent effected a businesses selling food or drink for consumption off the premises between the hours of 22:00hrs and 05:00hrs:

  • by making deliveries in response to orders received:
    • through a website, or otherwise by on-line communication;
    • by telephone, including orders by text message; or
    • by post; or
  • to a purchaser who collects the food or drink in a vehicle, and to whom the food or drink is passed without the purchaser or any other person leaving the vehicle.

Those businesses selling alochol exlcusivley for consumption off the premises (e.g. supermarkets) are not subject to the new curfew.

The curfew does not apply to motorway service areas, which are licensed. Cinemas, theatres and concert halls may remain open after 22:00hrs for the purpose of concluding a performance which began before 22:00hrs.

Table Service

Premises which are serving alcohol for consumption on the premises (subject to the above curfew) may sell food or drink for consumption on the premises only if:

  • the food or drink is ordered by, and served to, a customer who is seated on the premises; and
  • the person takes all reasonable steps to ensure that the customer remains seated whilst consuming the food or drink on the premises.

An area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) or which customers of the business habitually use for consumption of food or drink served by the business is to be treated as part of the premises of that business.

This means that a customer in a premises (serving alcohol for consumption on the premises), must be sat at a table when ordering their drink and/or food, the order must be served to the customer (who is seated) and the premises must make reasonable steps to ensure that the customer remains seated whilst consuming the food or drink on the premises.

Number of Persons

New limitations on attendees at marriages (15) the impact of the Rule of 6 at other ceremonies, come into force later on 28th September so as not to effect ceremonies scheduled for this weekend.

Law correct at the date of publication.
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