UK Lockdown 2: Closure of, and restrictions on, businesses
As Lockdown number 2 is underway, we take a closer look at the regulations concerning businesses.
- • specifies a list of businesses that may remain open
- • specifies lists of certain businesses that must close altogether.
- Businesses that may remain open
The businesses that are permitted to remain open unconditionally are:
•food retailers, including food markets, supermarkets, convenience stores and corner shops
• off licenses and licensed shops selling alcohol (including breweries)
• pharmacies (including non-dispensing pharmacies) and chemists
• newsagents
• hardware stores
• building merchants, and building services
• petrol stations
• car repair and MOT services
• bicycle shops
• taxi or vehicle hire businesses
• banks, building societies, credit unions, short term loan providers, savings clubs, cash points; currency exchange offices and those that transmit money or cash cheques which are made payable to customers
• post offices
• funeral directors
• laundrettes and dry cleaners
• dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health
• veterinary surgeons and pet shops
• agricultural supplies shop
• storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this list
• car parks
• public toilets
• garden centres
2.Hospitality businesses that will be closed
• restaurants, including restaurants and dining rooms in hotels or members’ clubs
• cafes, including workplace canteens
• bars, including bars in hotels or members’ clubs
• social clubs
• public houses
Hospitality businesses must close any premises, or part of the premises, in which food or drink are provided for consumption on those premises, and cease providing food or drink for consumption on its premises.
Certain activities of hospitality businesses remain permissible under a series of defined exceptions:
- • a hospitality business may:
- ◦ sell food or drink (but not alcohol) for consumption off the premises between the hours of 05:00 and 22:00 (ie takeaway services)
- ◦ sell alcohol, or food and drink between the hours of 22:00 and 05:00, for consumption off the premises if it does so (i) by making deliveries in response to orders received through a website, or otherwise by on-line communication, by telephone/text message, or by post, or (ii) to a purchaser who collects food or drink that has been pre-ordered (ie click and collect), provided the purchaser does not enter inside the premises to do so, or (iii) to a purchaser who collects the food or drink in a vehicle (ie drive through services), and to whom the food or drink is passed without the purchaser or any other person leaving the vehicle
- • a hospitality business may provide food or drink for consumption on its premises if the business or service is carried on or provided in an aircraft, train or vessel, the aircraft, train or vessel is providing a public transport service, and alcohol is not served (although alcohol may be served to persons seated on an aircraft)
- • cafes or canteens at a hospital, care home or school, or provider of post-16 education or training are exempt.
- • canteens at criminal justice accommodation or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence are exempt
- • services providing food and drink or either to the homeless are exempt
- • workplace canteens may remain open where there is no practical alternative for staff at that workplace to obtain food
Other businesses
A person responsible for carrying on a ‘restricted business’, or providing a ‘restricted service’, must cease to carry on that business or provide that service.
Such ‘restricted businesses’ and ‘restricted services’ are listed in Part 2 of the Schedule to the regulations. They are:
- • cinemas
- • theatres
- • 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), and provides music, whether live or recorded, for dancing
- • bingo halls
- • concert halls
- • museums and galleries
- • casinos
- • betting shops and adult gaming centres
- • spas
- • nail, beauty salons, hair salons and barbers
- • tanning salons
- • massage parlours
- • sexual entertainment venues
- • hostess bars
- • tattoo and piercing parlours
- • skating rinks
- • the following indoor facilities: dance studios, fitness studios, gyms, sports courts, swimming pools, bowling alleys, amusement arcades, playgrounds or soft play areas or other indoor leisure centres or facilities, including indoor games, recreation and entertainment venues
- • circuses, funfairs and fairgrounds (whether outdoors or indoors), theme parks and adventure parks and activities
- • outdoor sports centres or amenities, including water sports, stables, shooting and archery venues, golf courses, driving ranges, outdoor gyms, outdoor swimming pools, water parks and aquaparks
- • outdoor markets (except for livestock markets, stalls selling food and any other retailer listed in Part 3 of the Schedule; see ‘Businesses that may remain open’, above)
- • showrooms and other premises, including outdoor areas, used for the sale or hire of caravans, boats or any vehicle which can be propelled by mechanical means, and car washes
- • auction houses (except for auctions of livestock or agricultural equipment)
- • model villages
- • visitor attractions at film studios
- • aquariums, zoos, safari parks, farms, wildlife centres and any place where animals are exhibited to the public as an attraction
- • indoor attractions at visitor attractions such as botanical or other gardens, biomes or greenhouses, stately or historic homes, castles or other heritage sites, landmarks, including observation wheels or viewing platforms, sculpture parks
- • conference centres and exhibition halls, so far as they are used to host conferences, exhibitions, trade shows, private dining events or banquets, 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
Similarly to hospitality businesses, there are certain activities of these ‘restricted businesses’ and ‘restricted services’ that remain permissible under a series of defined exceptions:
- • the general requirement on a ‘restricted business’, or providing a ‘restricted service’, to cease to carry on that business or provide that service, does not prevent the use of:
- ◦ any premises used for a restricted business or restricted service to host blood donation sessions
- ◦ any premises used for the making of a film, television programme, audio programme or audio-visual advertisement
- ◦ facilities for training by elite sportspersons, including stables, indoor gyms, fitness studios, and other indoor sports facilities, and any outdoor facilities for sport
- ◦ indoor fitness and dance studios by professional dancers and choreographers
- ◦ theatres and concert halls for training, rehearsal, or performance for broadcast or recording purposes, provided that is done without an audience
- ◦ indoor gyms, fitness studios, indoor sports facilities and other indoor leisure centres for supervised activities for children
- ◦ indoor gyms, fitness studios, indoor swimming pools, indoor sports courts and other indoor leisure centres and outdoor sports courts and swimming pools by (i) schools or (ii) providers for post-16 education or training
- ◦ stables for the purposes of any activities referred to in regulation 6(14), viz veterinary services or the care of or exercise of animals
- • a restricted business or restricted service that is generally closed by the lockdown rules:
- ◦ may continue to carry on a business which is not a restricted business, or provide services which are not restricted services (i) in premises which are separate from the premises used for the closed business, or (ii) by making deliveries or otherwise providing services in response to orders received through a website, or otherwise by on-line communication, by telephone/text message, or by post, or (iii) to a purchaser who collects goods that have been pre-ordered (ie click and collect) provided the purchaser does not enter inside the premises to do so
- ◦ may operate a café or restaurant solely to sell food or drink for consumption off the premises, if the café or restaurant is separate from the premises used for the closed business
There are some residual categories of business not already mentioned above which are also subject to restrictions or closure:
Firstly, businesses that offer goods for sale or for hire in a shop, or provides library services, and which are not in the list of businesses permitted to remain open (ie in Part 3 of the Schedule):
- • these businesses must:
- ◦ cease to carry on that business or provide that service, except as allowed by the exceptions set out below
- ◦ close any premises which are not required to carry out such business or services as remain permitted under the exceptions
- ◦ cease to admit any person to its premises who is not required to carry on such business or services as remain permitted under the exceptions
- • those requirements on these businesses are subject to exceptions that allow certain activities to continue. Such businesses may continue to carry on that business or provide services:
- ◦ by making deliveries or otherwise providing services in response to orders received through a website, or otherwise by on-line communication, by telephone/text message, or by post, or
- ◦ to a purchaser who collects goods that have been pre-ordered (ie click and collect) provided the purchaser does not enter inside the premises to do so
- • such businesses may continuing to provide hot or cold food for consumption off the premises, or goods or services to the homeless
- • such businesses may open any premises for the purposes of making a film, television programme, audio programme or audio-visual advertisement
- • library services may still open the library premises for the purposes of:
- ◦ support groups
- ◦ childcare provided by a person who is registered under the Childcare Act 2006
- ◦ education or training
- ◦ providing essential voluntary services or public support services, including digital access to public services
Secondly, businesses consisting of the provision of holiday accommodation, including hotels, hostels, bed and breakfast accommodation, holiday apartments, homes, cottages or bungalows, campsites, caravan parks, boarding houses, canal boats or any other vessel:
- • these businesses must cease to carry on that business
- • that requirement to cease business is subject to exceptions that allow certain activities to continue. Such businesses may continue to carry on their business and keep any premises used in that business open:
- ◦ to provide accommodation for any person who is unable to return to their main residence
- ◦ to provide accommodation for any person who uses that accommodation as their main residence
- ◦ to provide accommodation for any person who needs accommodation while moving house
- ◦ to provide accommodation for any person who needs accommodation to attend a funeral
- ◦ to provide accommodation for any person who is isolating themselves from others as required by law
- ◦ to provide accommodation for any person who is an elite athlete, the coach of an elite athlete, or (in the case of an elite athlete who is a child), the parent of an elite athlete, and needs accommodation for the purposes of training or competition
- ◦ to provide accommodation for any person who needs accommodation for the purposes of their work
- ◦ to provide accommodation for any child who requires accommodation for the purposes of education
- ◦ to provide accommodation for the purposes of a women’s refuge or a vulnerable person’s refuge
- ◦ to provide accommodation or support services for the homeless
- ◦ to provide accommodation for any person who was staying in that accommodation immediately before the lockdown Regulations came into force
- ◦ to host blood donation sessions
- ◦ for any purpose requested by the Secretary of State, or a local authority
Thirdly, community centres or halls. These:
- • those responsible for them must ensure that the community centre or hall is closed, subject to the exceptions listed below
- • the exceptions are that community centres or halls may still be used:
- ◦ to provide essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency)
- ◦ for the purposes of education or training
- ◦ for the purposes of support groups
- ◦ for the purposes of childcare provided by a person registered the Childcare Act 2006, or supervised activities for children
Enforcement
Contravention of any of the following is a criminal offence punishable on summary conviction by a fine:
• the restrictions on indoor and outdoor gatherings
• the requirements to close, and restrictions on the operation of, various types of businesses listed above.
Where any such an offence is committed by a body corporate and it is proved to have been committed with the consent or connivance of an officer (director, manager, secretary or other similar officer) of the body corporate, or 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, proceeded against and punished accordingly.
As an alternative to trial, conviction and a fine for such offences, there is a detailed framework allowing instead for the issuing of fixed penalty notices to anyone over 18 who is reasonably believes to have committed one. Those fixed penalties vary in amount, broadly depending on severity, between £100 and £10,000 in specific circumstances.
If you have any further questions relating to your business under the current restrictions, please feel free to contact us on 01270 211567 or email info@tebbitts.co.uk