Key takeaways from Government guidance on reopening

The guidance does not supersede any legal obligations relating to health and safety, entertainment licensing regulations, employment or equalities legislation.

The key points from the guidance, on our first run through, are below. We have tried to focus on the operation of licensed premises.

As this is guidance we anticipate that, in the early days of re-opening, there may be some divergence of opinion as to how this should be interpreted.

Key points

Social distancing remains at two metres, or at one metre with additional measures in place (one metre plus) where two metres is not possible.
You must do your best to keep customers and visitors safe, to minimise the risk of transmission and protect the health of your customers.
Indoor gatherings are limited to members of two households or support bubbles.
Outdoor gatherings are limited to members of any two households (or support bubbles), or a group of at most six people from any number of households.
Refrain from playing music or broadcasts that may encourage shouting, including if played at a volume that makes normal conversation difficult (a note on televised sport to follow).

Risk assessment

All employers (for each licensed premises) must carry out a Covid-19 risk assessment to reduce risk to the lowest level that is reasonably practicable.
You must share/publish the results of your risk assessment where possible.
A risk assessment is not about creating huge amounts of paperwork, but rather about identifying sensible measures to control the risks in your workplace.
If you have fewer than five workers, or are self-employed, you don’t have to write anything down.

The guidance sets out a variety of preventative measures. You should:

Keep a temporary record of your customers and visitors for 21 days.
Calculate the maximum number of customers using social distancing guidelines.
Reconfigure indoor and outdoor seating areas.
Reduce the need for customers to queue.
Manage numbers and movement of customers within premises.
Encourage use of online booking systems.
Close indoor soft play areas.

Entertainment

At this time, venues should not allow live performances to take place in front of a live audience, including drama, comedy and music.
Take similar steps to prevent other close contact activities, such as communal dancing.

Food service

Minimise self-service of food.
Provide disposable condiments.
Encourage contactless payment or payment by app.
Minimise contact between workers and customers.
Table service must be used indoors (further note to follow).
Outdoors table service is encouraged. Where this is unavoidable, minimise contact between staff and customers and the need for customers to queue.
Minimise contact between front of house and kitchen staff.

Customer toilets

A number of points are made but toilets will need to be carefully managed, monitored and cleaned.

Guidance for members

Provide clear guidance to members of their expected behaviours, social distancing and hygiene.
Advise customers that failure to do so will result in service not being provided.

PPE

While the guidance states that additional PPE beyond what you usually wear is not beneficial, employers should support those workers who choose to wear PPE.

Clearly, the guidance raises lots of issues that will need to be carefully considered. Health and safety, employment law and data protection are all touched upon and there will be more from us and the government on this in the coming days and weeks.

CONTACT DETAILS

Ewen Macgregor, Partner at TLT

ewen.macgregor@tltsolicitors.com

DD: 0333 006 1251. MOB: 07718 099664