The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020
| Year | 2020 |
2020 No. 1008
Public Health, England
The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020
Made 17th September 2020
Laid before Parliament 17th September 2020
Coming into force 18th September 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), 45F(2) and 45P of the Public Health (Control of Disease) Act 19841.
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England.
The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.
Citation, commencement, application and interpretation
1.—(1) These Regulations may be cited as the Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020 and come into force on 18th September 2020.
(2) These Regulations apply in relation to England only.
(3) In these Regulations—
(a)
(a) “business” includes any undertaking, whether carried on for profit or not;
(b)
(b) the “Principal Regulations” means the Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 20202;
(c)
(c) “emergency period” has the same meaning as in regulation 5(1) of the Principal Regulations;
(d)
(d) “qualifying group” has the meaning given in regulation 5(2B)(a)3of the Principal Regulations.
(4) For the purposes of these Regulations, references to a “local authority” include references to a county council.
Restrictions on undertakings
2.—(1) A person responsible for carrying on a business of a public house, café, restaurant or other relevant business must, during the emergency period, take all reasonable measures to ensure that—
(a)
(a) no bookings for a table are accepted for a group of more than six persons unless one of the exemptions in regulation 5 of the Principal Regulations applies;
(b)
(b) no persons are admitted to the premises in a group of more than six, unless one of the exemptions in regulation 5 of the Principal Regulations applies;
(c)
(c) no person in one qualifying group mingles with any person in another qualifying group where this is not permitted under the Principal Regulations;
(d)
(d) an appropriate distance is maintained between tables occupied by different qualifying groups.
(2) For the purposes of this regulation—
(a)
(a) an “appropriate distance” means a distance between tables of—
(i) at least two metres, or
(ii) at least one metre, if—
(aa) there are barriers or screens between tables;
(bb) the tables are arranged with back to back seating, or otherwise arranged to ensure that persons sitting at one table do not face any person sitting at another table at a distance of less than two metres; or
(cc) other measures are taken to limit the risk of transmission of the coronavirus between people sitting at different tables;
(b)
(b) a “relevant business” is a business which provides food or drink for consumption on its premises.
Offences and penalties
3.—(1) A person who without reasonable excuse contravenes a requirement in regulation 2 commits an offence.
(2) An offence under this regulation is punishable on summary conviction by a fine.
(3) If an offence under this regulation committed by a body corporate is proved—
(a)
(a) to have been committed with the consent or connivance of an officer of the body, or
(b)
(b) to be attributable to any neglect on the part of such an officer,
the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.
(4) In paragraph (3), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
(5) Section 24 of the Police and Criminal Evidence Act 19844applies in relation to an offence under this regulation as if the reasons in subsection (5) of that section included—
(a)
(a) to maintain public health;
(b)
(b) to maintain public order.
Fixed...
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