The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020

[F1 PART 4 E+W Restrictions on certain businesses and services

Textual Amendments

F1 Sch. 3A inserted (27.3.2021 immediately before the start of the day) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 6) Regulations 2021 (S.I. 2021/413), regs. 1(2), 2(4)

CHAPTER 1 E+W Businesses or services whose premises are required to be closed but to which limited access may be allowed

Closure of food and drink businesses E+W

7.— (1) A person responsible for carrying on a business which is listed in paragraphs 12 to 14 (food and drink businesses) must—

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

(b) not carry on business at such premises otherwise than in accordance with this paragraph.

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

(a) the use of premises for—

(i) the sale of food and drink for consumption off the premises, or

(ii) services providing food or drink to homeless people;

(b) the provision of room service at a hotel or other accommodation (where the hotel or other accommodation continues to operate in accordance with the exceptions allowed by paragraph 8);

(c) a workplace canteen from being open where there is no practical alternative for staff at that workplace to obtain food or drink;

(d) the carrying out of maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises.

(3) For the purposes of sub-paragraph (1), an indoor 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.

(4) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Closure of holiday or travel accommodation that is not self-contained E+W

8.— (1) A person responsible for carrying on a business which is listed in paragraphs 15 to 18 (holiday or travel accommodation) must—

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

(b) not carry on business at such premises otherwise than in accordance with this paragraph.

(2) But sub-paragraph (1) does not prevent the use of premises for the provision of accommodation—

(a) in a camping site or holiday site, provided that the only shared facilities used by guests at the camping site or holiday site are water points and waste disposal points, or

(b) in separate and self-contained premises.

(3) And sub-paragraph (1) does not prevent—

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the provision of accommodation for any persons staying in that accommodation when this paragraph most recently began to apply to the area in which the accommodation is situated and who—

(i) are unable to return to their main residence, or

(ii) are using the accommodation as their main residence;

(d) the use of premises to carry on the business by providing information or other services—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including enquiries by text message, or

(iii) by post.

(4) Premises are separate and self-contained for the purposes of this paragraph only if—

(a) they are provided for persons who are members of the same household or extended household, and

(b) none of the following are shared with the members of any other household—

(i) kitchens,

(ii) sleeping areas,

(iii) bathrooms, or

(iv) indoor communal areas.

(5) In this paragraph—

(a) a reception area is not to be treated as a shared facility for the purposes of sub-paragraph (2)(a);

(b) “communal areas” includes any area of the premises that is open to the public, but does not include a reception area or corridors, lifts and staircases used to access other parts of the premises.

(6) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

Closure of community centres and crematoriums E+W

9.— (1) A person responsible for premises that are of a kind listed in paragraphs 19 and 20 must ensure that the premises are closed to members of the public, except for the uses permitted by sub-paragraphs (2) and (3).

(2) A community centre may be open—

(a) to provide essential voluntary services, or

(b) to provide public services upon the request of the Welsh Ministers or a local authority.

(3) A crematorium may open to members of the public for funerals or burials (and to broadcast a funeral or burial whether over the internet or otherwise).

(4) Sub-paragraph (1) does not apply to the grounds surrounding—

(a) a community centre;

(b) a crematorium, including any burial ground or garden of remembrance.

(5) In this paragraph, “public services” includes the provision of food banks or other support for homeless or vulnerable people, childcare, blood donation sessions or support in an emergency.

CHAPTER 2 E+W Businesses or services whose premises are required to be closed

Closure of businesses and services E+W

10.— (1) A person responsible for carrying on a business or providing a service which is listed in paragraphs 21 to 47 must—

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

(b) not carry on the business or service at such premises otherwise than in accordance with this paragraph.

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

(a) carrying out maintenance and repairs or other work to ensure premises are suitable for use when sub-paragraph (1) no longer applies to the premises;

(b) the use of premises for any purpose as may be requested or authorised by the Welsh Ministers or a local authority;

(c) the use of premises to broadcast without an audience present at the premises (whether over the internet or as part of a radio or television broadcast) or to rehearse;

(d) the use of premises for the provision of goods or services (including their sale, hire, collection or delivery) in response to an order or enquiry made—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post;

(e) the use of premises for the provision of information—

(i) through a website, or otherwise by on-line communication,

(ii) by telephone, including by text message, or

(iii) by post.

(3) Despite sub-paragraph (1), a person responsible for carrying on a business or providing a service—

(a) listed in paragraph 21 (hair salons and barbers) may open its premises to the public, but only for the purposes of cutting, styling or colouring hair, by appointment;

(b) listed in paragraph 34 (holiday, leisure activity or events businesses) may open its premises to the public, but only for the purposes of facilitating an outdoor organised activity for the development or well-being of persons who were aged under 18 on 31 August 2020 (including sports, music and other recreational activities such as those provided for children outside of school hours and during school holidays).

(4) Where—

(a) a person responsible for carrying on a business (“business A”) is required by virtue of this paragraph to cease carrying on business A at premises, and

(b) business A forms part of a larger business (“business B”),

the requirement in this paragraph is complied with if the person responsible for carrying on business B ceases to carry on business A at the premises.

CHAPTER 3 E+W Businesses and services whose premises are exempt from the requirement to close

Exemption from the requirement to be closed E+W

11.— (1) Despite the preceding provisions of this Part—

(a) premises operated by businesses or services listed in paragraphs 48 to 66 may continue to be open;

(b) approved premises may be open to the public to the extent that this is required for the purposes of the solemnisation or a marriage, formation of civil partnership or alternative wedding ceremony at the premises;

(c) shopping centres, shopping arcades and markets may be open to the public to the extent that this is required for access to a business or service listed in paragraphs 48 to 66.

(2) A person responsible for premises authorised for the sale or supply of alcohol for consumption off the premises may not sell or supply alcohol between 10.00 p.m. and 6.00 a.m.

(3) Sub-paragraph (2) does not allow the person responsible for the premises to sell or supply alcohol in contravention of an authorisation granted or given in respect of the premises.

(4) In this paragraph, “approved premises” means premises approved in accordance with Marriages and Civil Partnerships (Approved Premises) Regulations 2005—

(a) as premises on which marriages may be solemnised in pursuance of section 26(1)(bb) of the Marriage Act 1949, or

(b) for the purposes of section 6(3A)(a) of the Civil Partnership Act 2004.

CHAPTER 4 E+W List of closed premises

Closed premises E+W

Food and drink businesses E+W

12.   Bars (including bars in members’ clubs).

13.   Public houses.

14.   Cafes, canteens and restaurants (including workplace canteens and dining rooms in members’ clubs).

Holiday or travel accommodation E+W

15.   Camping sites.

16.   Holiday sites.

17.   Hotels and bed and breakfast accommodation;

18.   Other holiday accommodation (including holiday apartments, hostels and boarding houses).

Public services etc. E+W

19.   Community centres.

20.   Crematoriums.

Personal services etc. E+W

21.   Hair salons and barbers.

22.   Nail and beauty salons including tanning and electrolysis services.

23.   Body piercings and tattooing services.

Leisure and social etc. E+W

24.   Nightclubs, discotheques, dance halls or other venues authorised for the sale or supply of alcohol where live or recorded music is provided for members of the public or members of the venue to dance.

25.   Sexual entertainment venues (within the meaning given by paragraph 2A of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982).

26.   Cinemas.

27.   Concert halls and theatres.

28.   Casinos.

29.   Bingo halls.

30.   Amusement arcades.

31.   Bowling alleys.

32.   Indoor play centres or areas.

33.   Funfairs, amusement parks and theme parks.

34.   Holiday, leisure activity or events businesses.

35.   Museums and galleries.

36.   Skating rinks.

37.   Trampoline parks and centres.

38.   Indoor skate parks and centres.

39.   Spas.

40.   Venues for events or conferences (including venues for weddings).

41.   Visitor attractions other than—

(a) public outdoor areas of premises on which a scheduled monument (within the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979) is situated;

(b) public outdoor areas of a park or garden registered in the register of parks and gardens of special historic interest in Wales maintained by the Welsh Ministers and published by them from time to time;

(c) public indoor areas of a place referred to in paragraph (a) or (b) where it is necessary for the indoor area to be open—

(i) to allow access to the public outdoors areas,

(ii) for health and safety reasons, or

(iii) to ensure that the requirements in Part 4 of these Regulations are complied with in relation to the premises.

Sports and exercise. E+W

42.   Indoor sports or exercise facilities, including indoor fitness studios and gyms.

43.   Swimming pools.

44.   Indoor sports courts, indoor bowling greens and other indoor sports grounds or pitches.

Retail etc. E+W

45.   Any business offering goods or services for sale or hire in retail premises.

46.   Shopping centres and shopping arcades.

47.   Estate or letting agents and developer sales offices.

Exempt premises E+W

Public services etc. E+W

48.   Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths, physiotherapy services, acupuncture services and other medical or health services, including services relating to mental health.

49.   Funeral directors.

50.   Veterinary surgeons.

Food and drink businesses E+W

51.   Cafés and canteens at a hospital, care home, school or within accommodation provided for students.

52.   Canteens at a prison 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.

Retail etc. E+W

53.   Businesses offering the following goods for sale or hire in a shop—

(a) food or drink for consumption off the premises (including food for pets and other domestic animals);

(b) products essential for the storage, preparation or consumption of food or drink;

(c) products for the essential upkeep, maintenance or functioning of the home or a workplace;

(d) pharmaceutical products, health and personal care products, baby products (including clothing), toiletries and cosmetics;

(e) newspapers and magazines;

(f) bicycles and products essential for the use and maintenance of bicycles,

but only for the purposes of selling or hiring those goods.

54.   Food markets, convenience stores, corner shops, pet shops, off licences, petrol stations, garden centres and plant nurseries.

55.   Supermarkets and other shops selling multiple types of goods—

(a) which were open to the public on 11 March 2021, and

(b) which use their premises, in the ordinary course of their business, mainly to sell—

(i) goods listed in paragraph 53, or

(ii) goods of a type ordinarily sold by any of the businesses listed in paragraph 54.

56.   Shops selling multiple types of goods that do not fall within paragraph 55, but only for the purposes of—

(a) selling the goods listed in paragraph 53;

(b) selling goods of a type ordinarily sold by any of the businesses listed in paragraph 54;

(c) selling other goods—

(i) where it is not reasonably practicable to separate or demarcate those areas of a shop that ordinarily displays such goods from those areas that display the goods mentioned in paragraphs (a) and (b);

(ii) on an exceptional basis where the goods are required in an emergency or on compassionate grounds.

57.   Shops offering maintenance or repair services for telecommunications or information technology devices.

58.   Building supplies and hardware stores.

59.   Banks, building societies and other financial services providers.

60.   Post offices.

61.   Car repair and MOT services.

62.   Automatic car washes.

63.   Livestock markets or auctions.

64.   Laundrettes and dry cleaners.

65.   Taxi or vehicle hire businesses.

66.   Agricultural or aquacultural supplies shops.]