The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (revoked)

Restricted business and services for purposes of this Part E+W

13.—(1) The restricted businesses and restricted services for the purposes of this Part of this Schedule are those falling within sub-paragraph (2), (4) or (5).

(2) The following businesses and services fall within this sub-paragraph—

(a) nightclubs;

(b) dance halls;

(c) discotheques;

(d) any other venue (not falling within paragraph (a), (b) or (c)) which—

(i) opens at night,

(ii) has a dance floor or other space for dancing by members of the public (and for these purposes members of the venue in question are to be considered members of the public), and

(iii) provides music, whether live or recorded, for dancing;

(e) sexual entertainment venues;

(f) hostess bars;

(g) any business which provides, whether for payment or otherwise—

(i) a waterpipe to be used for the consumption of tobacco or any other substance on the premises, or

(ii) a device to be used for the recreational inhalation of nicotine or any other substance on the premises.

(3) A business or service does not fall within sub-paragraph (2)(b), (c) or (d) if it ceases to provide music and dancing.

(4) The following businesses and services fall within this sub-paragraph—

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

(b) cafes, including workplace canteens, but not including—

(i) cafes or canteens at a hospital or care home,

(ii) cafes or canteens at a school, a provider of post-16 education or training (as defined in paragraph (e) of the definition of “relevant institution” in paragraph 1(8) of Schedule 17 to the Coronavirus Act 2020) or educational accommodation for students attending higher education courses,

(iii) cafes or canteens at a higher education provider, where there is no practical alternative for staff and students at that institution to obtain food or drink, and alcohol is not served for consumption on the premises,

(iv) canteens at criminal justice accommodation, immigration detention accommodation or an establishment intended for use for Her Majesty's armed forces or for use for the purposes of the Department of the Secretary of State responsible for defence,

(v) workplace canteens where there is no practical alternative for staff at that workplace to obtain food or drink and alcohol is not served for consumption on the premises, or

(vi) services providing food or drink to the homeless;

(c) bars, including bars in hotels or members' clubs;

(d) public houses;

(e) businesses providing food or drink prepared on the premises for immediate consumption off the premises, but not including—

(i) supermarkets,

(ii) convenience stores, corner shops and newsagents,

(iii) pharmacists and chemists, or

(iv) petrol stations;

(f) social clubs.

(5) The following businesses and services fall within this sub-paragraph—

(a) the following indoor facilities—

(i) dance studios;

(ii) fitness studios;

(iii) gyms;

(iv) sports courts;

(v) swimming pools;

(vi) riding arenas;

(vii) indoor play areas and indoor play centres, including soft play centres and soft play areas, trampoline parks and inflatable parks;

(viii) other indoor leisure centres or facilities, including laser quest and escape rooms, snooker and pool halls, indoor games, recreation and entertainment venues;

(b) casinos;

(c) bingo halls;

(d) bowling alleys;

(e) amusement arcades, including adult gaming centres;

(f) cinemas;

(g) theatres;

(h) concert halls;

(i) skating rinks;

(j) circuses;

(k) water parks and aqua parks;

(l) theme parks, fairgrounds and funfairs;

(m) adventure parks and activities;

(n) aquariums and zoos, including safari parks;

(o) animal attractions at farms, wildlife centres and any other place where animals are exhibited to the public as an attraction;

(p) model villages;

(q) kitchen, bathroom, tile and glazing showrooms;

(r) museums and galleries;

(s) indoor attractions at visitor attractions such as—

(i) sculpture parks,

(ii) landmarks, including observation wheels or viewing platforms,

(iii) botanical or other gardens, biomes or greenhouses,

(iv) stately or historic homes, castles or other heritage sites;

(t) visitor attractions at film studios;

(u) conference centres and exhibition halls, so far as they are used to host conferences, exhibitions, trade shows, private dining events or banquets, other than conferences, trade shows or events which are attended only by employees of the person who owns or is responsible for running the conference centre or exhibition hall;

(v) betting shops;

(w) spas;

(x) tanning salons;

(y) nail salons, beauty salons, hair salons and barbers;

(z) massage centres;

(aa) tattoo and piercing studios;

(bb) carpet stores;

(cc) showrooms and other premises, including outdoor areas, used for the sale of caravans, boats or any vehicle which can be propelled by mechanical means;

(dd) car washes (except for automatic car washes);

(ee) auction houses (except for auctions of livestock or agricultural equipment);

(ff) markets (except for livestock markets, stalls selling food and any other retailer listed in paragraph 15);

(gg) retail travel agents.

(6) For the purposes of sub-paragraph (5)(s), an “indoor attraction” means those parts of a venue, including visitor centres but not including toilets, baby changing rooms and breast feeding rooms for visitors, which—

(a) would be considered to be enclosed or substantially enclosed for the purposes of section 2 of the Health Act 2006 under the Smoke-free (Premises and Enforcement) Regulations 2006, and

(b) are in normal times open for members of the public to visit for the purposes of recreation, whether or not for payment.

(7) For the purposes of sub-paragraph (5)(u), a “trade show” is an event held to bring together members of a particular industry to display, demonstrate and discuss their latest products or services with members of the public or other members of the industry.

(8) For the purposes of sub-paragraph (5)(ee) and (ff) “livestock” means—

(a) any animal which is kept—

(i) for the provision of food, wool, skins or fur,

(ii) to be used in carrying on any agricultural activity, and

(b) horses.

Commencement Information

I1 Sch. 1 para. 13 in force at 29.3.2021, see reg. 1(2)