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

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020 have now been published which will facilitate the relaxations planned for 4th July.

The relaxations takes effect from a minute after midnight (4th July) save for the amendments to the list of closed premises, which will come into force after 6am therefore late night bars planning to open at midnight will have to wait a little longer.

As well as facilitating the reopening of pubs and bars, there are some many other important effects of this legislation including:

Regulation 5(5):

“In determining whether all reasonable measures have been taken to limit the risk of transmission of the coronavirus for the purposes of paragraph (3)(a)(iii), any guidance issued by the government relevant to the gathering in question must be taken into account.” [Emphasis added].

This means guidance, such as that relating to the collection of personal data, released today, now carries even greater weight as failure to follow the same may lead to an adverse finding when Authorities are called to judge the systems you have implemented to promote social distancing and safe trading conditions.

Regulation 5(6)(a):

“For the purposes of this regulation…there is a gathering when two or more people are present together in the same place in order to engage in any form of social interaction with each other, or to undertake any other activity with each other;”

This finally put to rest any suggestion that the maximum internal capacity for a pub is 30. 30 relates only to groups of two or more people are present together in the same place in order to engage in any form of social interaction with each other. Sharing a pub with other people will not constitute a ‘group’ for the purpose of these regulations.

The premises which MUST remain closed are:

• Nightclubs.
• Dance halls, discotheques, and any other venue which— 
• opens at night,
• has a dance floor or other space for dancing by members of the public (and for these purposes members of the venue in question are to be considered members of the public); 
• provides music, whether live or recorded, for dancing. 

[A business does not fall within paragraph (2) if it ceases to provide music and dancing.]

• Sexual entertainment venues and hostess bars.

[For the purposes of this paragraph— “sexual entertainment venue” has the meaning given in paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982(a); “hostess bar” has the meaning given in paragraph 3B of that Schedule(b)]

• Casinos.
• Nail bars and salons. 
• Tanning booths and salons. 

[i.e. Spas, and beauty salons, and for these purposes, “beauty salon” includes any premises providing beauty services including cosmetic, aesthetic and wellness treatments. This class of premises does not include hairdresser or barber which does not provide other beauty services list above].

• Massage parlours. 
• Tattoo parlours. 
• Body and skin piercing services.
• Indoor skating rinks. 
• Indoor and outdoor swimming pools, including water parks. 
• Indoor play areas, including soft play areas. 
• Indoor fitness and dance studios.
• Indoor gyms and sports courts and facilities.

[Facilities for training by elite sportspersons, including indoor fitness studios, gyms, sports courts, indoor or outdoor swimming pools and other indoor leisure centres; indoor fitness and dance studios by professional dancers and choreographers are exempt from this restriction for use by the professional / elite persons.] 

• Bowling alleys.
• Conference centres and exhibition halls, so far as they are used to host conferences, exhibitions or trade shows other than conferences or events which are attended only by employees of the person who owns or is responsible for running the conference centre or exhibition hall.