COVID-19 TIER 2 Regulations and legislation

TIER 2: THE HEALTH PROTECTION (CORONAVIRUS, RESTRICTIONS) (ALL TIERS) (ENGLAND) REGULATIONS 2020

These regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of Coronavirus in England. The following businesses must close in Tier 3;

BUSINESS TYPEEXCEPTIONS
Nightclubs, dance halls and discotheques.Provision of essential voluntary services, urgent public support services – food banks, support for homeless people, blood donation sessions; for the purpose of voting; making films, TV programme or audio recording
Any business which opens at night, has a dance floor or other space for dancing and provides music whether live or recorded for dancing.Separate self-contained unit within premises may be used for retail or hire; or for making deliveries provided in response to orders received from a website, phone, text or post.
Sexual entertainment venuesOperating a café or restaurant if within a separate self-contained unit
Hostess bars 
Any business which provides a waterpipe for the consumption of tobacco or other substance on the premises 
Any business which provides a device to be used for the recreational inhalation of nicotine or any other substance on the premises 
  
BUSINESSES OFFERING FOOD CONSUMPTION OFF THE PREMISESRESTRICTIONS
Restaurants and cafes including those in hotels and members clubs

Between 23:00 and 05:00 may offer food and drink for consumption off the premises provided; are delivered when orders are made by a website, phone, text or post; takeaway collections if purchaser does not enter the premises or food and drink is passed to the purchaser without them leaving their vehicle.

EXCEPT for food and drink services at motorway services, ports and airports, trains and vessels where alcohol is not sold at these times; essential public services including food banks and homeless persons support; making of films etc. Workplace canteens may continue to operate at these times if there is no other practical provision.

  
BUSINESS OFFERING CONSUMPTION OF FOOD AND DRINK ON SITE RESTRICTIONS
Restaurants, hotels, members clubs cafes including workplace canteens, public houses, bars, including bars in hotels or members clubs, social clubs, casinos, bowling alleys, cinemas, theatres, amusement arcades including adult gaming centres, fun fairs and fairgrounds indoors and outdoors, theme parks, adventure parks and activities, bingo halls, concert halls and sports grounds.

Must not carry on the business providing food or drink for consumption on the premises between 23:00 and 05:00. Must not accept orders for food or drink between 22:00 and 05:00. Between 05:00 and 22:00 – Food and drink must be ordered and served to a seated person on site and the business makes every attempt to ensure the consumer remains seated. This includes any area adjacent to the premises which customers habitually use for consumption – whether or not the business owns this.

These restrictions exclude the following; supermarkets, corner shops, newsagents, pharmacies, chemists, petrol stations and convenience stores; cafes in hospitals and care homes, canteens in criminal justice accommodation, naval, military or air force; provisions of food and drink to the homeless; education accommodation for students post 16.

  
BUSINESSES SELLING ALCOHOL FOR CONSUMPTION ON THE PREMISESRESTRICTIONS
Any premises with appropriate licence in accordance with LICENSING ACT 2003

Alcohol may only be sold for consumption on the premises if part of a table meal – breakfast, the main midday or evening meal; the customer must be seated at a table – not at the counter used for service of refreshments. This includes any area adjacent to the premises which customers habitually use for consumption – whether or not the business owns this.

EXCEPTIONS; alcohol provided by a hotel as room service; alcohol provided by a cinema, theatre, concert hall, sports ground where the alcohol is ordered and served to a ticketholder at a film, performance, training event or competition provided the ticketholder is seated within the audience area to watch the exhibition or event.

Advice

These Regulations will be enforced by Wealden District Council Environmental Health Officers, East Sussex County Council Trading Standards Officers and Sussex Police.

For advice or complaints email Wealden DC on foodhs@rother.gov.uk  or ESCC Trading Standards on trading.standards@eastsussex.gov.uk

Complaints regarding any individual’s behaviour or possible non-compliance should be reported online to Sussex Police

Enforcement

If a business is found to be trading in contravention of the regulations, they may be subject to an enforcement notice prohibiting specified activities. If this is not complied with fixed penalty notices may be issued. A prosecution may follow.