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SCHEDULE 3SLevel 2 Restrictions

PART 2SOther restrictions on business

Requirement for seated food and drink sale and consumption in food and drink businesses in a Level 2 areaS

3.—(1) A person who is responsible for carrying on a food and drink business in a Level 2 area may sell food or drink for consumption on the premises only if—

(a)where reasonably practicable, the food or drink is ordered by, and served to, a customer who is seated on the premises, and

(b)the customer remains seated whilst consuming the food or drink on the premises.

(2) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(3) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) if that person complies with the requirements in relation to business A.

(4) Sub-paragraph (1) is subject to F1... the restriction on opening hours in paragraph 5 F2....

Textual Amendments

Commencement Information

I1Sch. 3 para. 3 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Closure of drinks-only public house businesses in a Level 2 areaS

F34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Restricted opening hours for food and drink businesses in a Level 2 areaS

5.—[F4(1)  A person who is responsible for carrying on a food and drink business in a Level 2 area must, in relation to any premises, or parts of the premises, which are indoors—]

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)between the hours of [F62230] and 0600—

(i)close any premises, or parts of the premises, in which food or drink are sold for consumption on those premises, to members of the public,

(ii)cease selling food or drink for consumption on those premises,

(iii)not permit consumption of food or drink on those premises by members of the public.

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(3)  Sub-paragraph (1) does not prevent food or drink being sold—]

(a)for consumption off the premises,

(b)by a hotel or other accommodation for consumption as part of room service,

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in a cinema to its customers for consumption in any of its auditoriums,

(e)to customers attending a drive-in event for consumption at the event,

(f)for consumption in a cafe, dining hall or canteen at—

(i)a hospital or care home,

(ii)a school or student accommodation,

(iii)a prison,

(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, or

(v)a workplace canteen where—

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

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

(g)for consumption in premises providing food or drink to homeless persons,

(h)for consumption in premises which are airside at an airport,

(i)for consumption in premises which are on a ferry.

F10(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Sub-paragraph (3)(d) to (i) does not apply in relation to the sale of alcohol.

(6) Sub-paragraph (1) does not prevent—

(a)the consumption of food or drink by a resident of a hotel in their private room,

(b)the consumption of food or drink by members of the public in any of the premises described in sub-paragraph (3)(d) to (i).

(7) For the purposes of sub-paragraph (1), an area adjacent to the premises of the food and drink business, where seating is made available for customers of the business (whether or not by the business), or which its customers habitually use for consumption of food or drink served by the business, is to be treated as part of the premises of that business.

(8) If a food and drink business (“business A”) forms part of a larger business (“business B”), the person responsible for carrying on business B complies with the requirements in sub-paragraph (1) or (2) if that person complies with the requirements in relation to business A.

Textual Amendments

Commencement Information

I2Sch. 3 para. 5 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

[F11Restricted opening hours for casinos in a Level 2 areaS

5A.  A person who is responsible for carrying on a casino business in a Level 2 area must, between the hours of 2230 and 0600—

(a)close to members of the public any premises operated as part of the business, and

(b)not carry on business at such premises.]

Textual Amendments

Restrictions on sale and consumption of alcohol in food and drink businesses in a Level 2 areaS

F126.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special opening hours for certain servicesS

F137.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to take measures to minimise risk of exposure to coronavirus in a Level 2 areaS

8.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 2 area must take—

(a)measures to ensure, so far as reasonably practicable, that—

(i)the required distance is maintained between any persons on its premises (except between persons mentioned in sub-paragraph (2)),

(ii)persons are admitted to its premises in sufficiently small numbers to make it possible to maintain the required distance, and

(iii)the required distance is maintained between any persons waiting to enter its premises (except between persons mentioned in sub-paragraph (2)), and

(b)all other measures which are reasonably practicable to minimise the risk of the incidence and spread of coronavirus on the premises, for example measures which limit close face to face interaction and maintain hygiene such as—

(i)changing the layout of premises including the location of furniture and workstations,

(ii)controlling the use of entrances, passageways, stairs and lifts,

(iii)controlling the use of shared facilities such as toilets and kitchens,

(iv)otherwise controlling the use of, or access to, any other part of the premises,

(v)installing barriers or screens,

(vi)providing, or requiring the use of, personal protective equipment, and

(vii)providing information to those entering or working at the premises about how to minimise the risk of exposure to coronavirus.

(2) The persons mentioned in sub-paragraph (1)(a)(i) and (iii) are—

(a)two or more members of the same household,

[F14(aa)a child under 12 years of age and any other person,]

(b)a carer and the person assisted by that carer, F15...

(c)in relation to premises being used to provide school education, two or more persons where at least one of them is a pupil [F16, or]

[F17(d)where a marriage ceremony or civil partnership registration is taking place—

(i)one or more persons who, as part of the ceremony or registration and within the immediate vicinity of the relevant venue, premises or other setting, accompany one or both parties to the marriage or civil partnership to the specific location at which the marriage ceremony or civil partnership registration will take place, and

(ii)one or both parties to the marriage or civil partnership].

(3) In this paragraph—

“carer” includes a person who provides care for the person assisted whether that care is provided—

(a)

by a carer within the meaning of section 1 of the Carers (Scotland) Act 2016 M1,

(b)

on a paid basis, or

(c)

on a voluntary basis,

“pupil” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 M2,

“required distance” means—

(a)

in relation to reduced distance premises, at least one metre,

(b)

[F18in relation to Hampden Park, at least 1.2 metres,

(c)

in relation to the Glasgow Green Event Zone, at least 1.5 metres, or

(d)

in all other cases, at least two metres]

“school education” has the meaning given by section 1(5)(a) of the Education (Scotland) Act 1980 M3.

(4) In the definition of “required distance” in sub-paragraph (3), “reduced distance premises” means—

(a)passenger transport service premises,

(b)restaurants, including restaurants and dining rooms in hotels or members' clubs,

(c)cafes, including workplace canteens,

(d)bars, including bars in hotels or members' clubs, and

(e)public houses.

[F19(5) In the definition of “required distance” in sub-paragraph (3)—

(a)“Hampden Park” means Hampden Park stadium, Glasgow, during the Championship period, as defined in section 1 of the UEFA European Championship (Scotland) Act 2020 and specified in the UEFA European Championship (Scotland) Act 2020 (Championship Period and Transitory Provision etc.) Regulations 2021, and

(b)“the Glasgow Green Event Zone” means those premises at Glasgow Green designated as a fan zone by Glasgow City Council for use during the Championship period, as defined in section 1 of the UEFA European Championship (Scotland) Act 2020 and specified in the UEFA European Championship (Scotland) Act 2020 (Championship Period and Transitory Provision etc.) Regulations 2021.]

Textual Amendments

Commencement Information

I3Sch. 3 para. 8 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations

Guidance on minimising exposure to coronavirus in a Level 2 areaS

9.—(1) A person who is responsible for a place of worship, carrying on a business or providing a service in a Level 2 area must have regard to guidance issued by the Scottish Ministers about measures which should be taken in accordance with paragraph 8(1)(b) relating to its premises, business or service.

(2) Guidance issued by the Scottish Ministers may—

(a)make different provision for different cases or descriptions of case,

(b)incorporate (by reference or transposition) guidance, codes of practice or other documents published by another person (for example, a trade association, a body representing members of an industry or a trade union).

(3) Regulation 4 (enforcement of requirements) does not apply to a contravention of the requirement in sub-paragraph (1).

Commencement Information

I4Sch. 3 para. 9 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Requirement to collect and share information in a Level 2 area: restaurants, cafes, bars, public houses, etc.S

10.—(1) A person who is responsible for a relevant hospitality premises in a Level 2 area must, in relation to the premises, take measures to—

(a)obtain and record visitor information,

(b)record visitor information in a filing system (which may be an electronic system) suitable for recording, storing and retrieving the information, and

(c)retain visitor information for a period of at least 21 days beginning with the date on which the visit occurred.

[F20(2) Sub-paragraph (1) does not apply in relation to a visitor to the premises who is there solely for the purpose of—

(a)purchasing or collecting food or drink for consumption off the premises, or

(b)voting in an election.]

(3) A person who is responsible for a relevant hospitality premises must provide visitor information to a public health officer, as soon as reasonably practicable but in any event within 24 hours, if so requested by the public health officer for the purpose of—

(a)preventing a threat to public health resulting from the spread of infection or contamination with coronavirus,

(b)monitoring the spread of infection or contamination with coronavirus or the incidence of coronavirus disease.

(4) In this paragraph—

“public health officer” has the meaning given by paragraph 3(2)(b) of schedule 21 of the Coronavirus Act 2020 M4,

“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, and

“visitor information” means—

(a)

the name and telephone number of one member of each household visiting the premises,

(b)

the date of their visit and arrival time, and

(c)

the number of members of that person's household visiting the premises at that time.

Textual Amendments

Commencement Information

I5Sch. 3 para. 10 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)

Marginal Citations