4B.—(1) Subject to the restriction on opening hours in regulation 4A(1), during the emergency period, a person responsible for carrying on a business or providing a service listed in Part 1 of Schedule 3 which serves alcohol for consumption on the premises may sell food or drink for consumption on the premises only if—
(a)the food or drink is ordered by, and served to, a customer who is seated on the premises; and
(b)the person takes all reasonable steps to ensure that the customer remains seated whilst consuming the food or drink on the premises.
(2) Subject to the restriction on opening hours in regulation 4A(1), during the emergency period, a person responsible for carrying on a business or providing a service listed in Part 1 of Schedule 3 which does not serve alcohol for consumption on the premises may sell food or drink for consumption on the premises only if the person takes all reasonable steps to ensure that the customer remains seated whilst consuming the food or drink on the premises.
(3) For the purposes of paragraphs (1) and (2), 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) or which customers of the business habitually use for consumption of food or drink served by the business is to be treated as part of the premises of that business.
(4) If a business or service listed in Part 1 of Schedule 3 (“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) or (2) if that person complies with the requirement in relation to business A.
(5) In this regulation, “alcohol” has the meaning given in section 191 of the Licensing Act 2003.]
Textual Amendments
F1Regs. 4A, 4B inserted (24.9.2020 at 5:00 a.m.) by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020 (S.I. 2020/1029), regs. 1(2), 2(3) (with reg. 9)