The Health Protection (Coronavirus) (Restrictions and Requirements) (Additional Temporary Measures) (Scotland) Regulations 2020

Requirement relating to relevant hospitality premises during certain hours: restaurants, cafes, bars, public houses, etc.

13.—(1) Subject to regulation 15, a person who is responsible for carrying on a business at a relevant hospitality premises located outside the protected area must—

(a) between the hours of 1800 and 0600, close any premises, or parts of those premises, which are indoors to members of the public, and

(b) between the hours of 2200 and 0600, close any premises, or part of those premises, which are outdoors to members of the public.

(2) Paragraph (1) does not prevent a person who is responsible for carrying on a business at a relevant hospitality premises from selling food or drink for consumption off the premises.

(3) Paragraph (1) does not prevent a hotel or other commercial provider of accommodation from selling food and drink to its residents—

(a) as part of room service, or

(b) between the hours of 0600 and 2200 for consumption in any other area of the hotel or accommodation (whether indoors or outdoors).

(4) For the purposes of paragraph (1)—

(a) an area adjacent to the premises of the business where seating is made available for customers of the business (whether or not by the business) is to be treated as part of the premises of that business,

(b) toilets are not to be treated as part of the premises indoors.

(5) If a business at a relevant hospitality premises (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirement in paragraph (1) if it closes any part of the premises of business A—

(a) which is indoors, to members of the public between the hours of 1800 and 0600, and

(b) which is outdoors, to members of the public between the hours of 2200 and 0600.

(6) In this regulation, “relevant hospitality premises” means—

(a) a restaurant, cafe, bar or public house, or

(b) a hotel in which food or drink is sold for consumption on the premises.

(7) But “relevant hospitality premises” does not include—

(a) a cafe or canteen at—

(i) a hospital or care home,

(ii) a school or student accommodation,

(iii) a prison, and

(iv) 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,

(b) workplace canteens where—

(i) there is no practical alternative for staff at that workplace to obtain food, and

(ii) so far as reasonably possible, a distance of at least two metres can be maintained between any person using the canteen,

(c) premises providing food or drink to homeless persons,

(d) premises which are airside at an airport, and

(e) premises which are on a ferry.

(8) In this regulation, “school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980(1).

(9) For the purposes of this regulation a place is indoors if it would be considered to be wholly or substantially enclosed for the purposes of section 4(2) of the Smoking, Health and Social Care (Scotland) Act 2005 under the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006(2), and “outdoors” is to be construed accordingly.

(1)

1980, c.44, amended by section 2 of the Registered Establishments (Scotland) Act 1987 (c.4) and schedule 3 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6).

(2)

S.S.I. 2006/90.