Further compulsory closures

The ‘missing’ Statutory Instruments that I referred to in my blog post on the Coronavirus Act 2020 have now been made. First, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 [SI 2020 No. 350] were made and came into effect at 1.00 p.m. yesterday (26 March). They revoke and replace the Regulations made last week [SI 2020 No.327]. As announced, these new regulations require the closure of a much wider range of premises than last week’s regulations did. They also affect far more aspects of people’s personal lives, including restrictions on movement and other activities.

Dealing first with the closure of premises, this is in three parts. The first part (set out in Regulation 4(1) to 4(3) and Part 1 of Schedule 2 to the regulations) relates to cafes, restaurants and other premises (or any part of the premises) in which food or drink are sold for consumption on those premises. This simply repeats the provisions in last week’s regulations (which these new regulations have revoked and replaced), and I do not therefore propose to repeat that material here. These rules, including certain exemptions and exceptions, were summarised in my first blog post of 23 March - “Compulsory closure of premises”.

The second tranche of premises affected by the new regulations is dealt with by Regulation 4(4) to 4(6) and Part 2 of Schedule 2 to these regulations. Most of these were also covered by last week’s regulations, but for the sake of completeness the entire list of other premises that must be closed comprises:

Cinemas, Theatres, Nightclubs, Bingo halls, Concert halls, Museums and galleries, Casinos, Betting shops, Spas, Nail, beauty, hair salons and barbers, Massage parlours, Tattoo and piercing parlours, Skating rinks, Indoor fitness studios, gyms, swimming pools, bowling alleys, amusement arcades or soft play areas or other indoor leisure centres or facilities, Funfairs (whether outdoors or indoors), Playgrounds, sports courts and outdoor gyms, Outdoor markets (except for stalls selling food), Car showrooms, and Auction Houses.

Paragraph 4(4) does not prevent the use of Cinemas, Theatres, Bingo halls, Concert halls or Museums and galleries to broadcast a performance to people outside the premises, whether over the internet or as part of a radio or television broadcast [but that doesn’t mean broadcasting it on a tannoy to a crowd of people standing outside on the pavement!]. This paragraph of Regulation 4 does not prevent the use of any suitable premises used for the businesses or services listed in Part 2 of Schedule 2 to host blood donation sessions.

If a business that comprises or includes a café, restaurant, bar, etc. forms part of a larger business [other than another business that is required to be closed] the person responsible for carrying on that larger business will still be complying with the requirement in Regulation 4(1) if they close down the café, restaurant, bar, etc. while continuing to operate the larger business. (However, as noted below, hotels must now also be closed.)

Regulation 5 imposes further restrictions and closures during the current crisis. The types of premises that are exempt from this closure order are listed in Part 3 of Schedule 2 to these regulations. With the exception of these exempted premises (listed below), Regulation 5(1) requires the closure of premises and other businesses offering goods for sale or for hire in a shop, or providing library services, other than by making deliveries or otherwise providing services in response to orders received through a website, or otherwise by on-line communication, by telephone, including orders by text message, or by post. Any premises other than those required to carry out what may loosely be described as this ‘mail order’ business [in the widest sense] must be closed. So if a business has a retail shop, the shop must be closed to customers, but the ‘mail order’ business can continue.

The list of premises (set out in Part 3 of Schedule 2) which can remain open to the public is as follows:

Food retailers, including food markets, supermarkets, convenience stores and corner shops, Off licences and licensed shops selling alcohol (including breweries), Pharmacies (including non-dispensing pharmacies) and chemists, Newsagents, Homeware, building supplies and hardware stores, Petrol stations, Car repair and MOT services, Bicycle shops, Taxi or vehicle hire businesses, Banks, building societies, credit unions, short term loan providers and cash points, Post offices, Funeral directors, Laundrettes and dry cleaners, Dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health, Veterinary surgeons and pet shops, Agricultural supplies shop, Storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this Part of Schedule 2, Car parks, and Public toilets

It appears to me from observation that there are quite a few businesses who thought they would be forced to close (and have closed in some cases) but which are included in this list of businesses that are allowed to remain open. It is perhaps slightly confusing that Schedule 2 is headed “Businesses subject to restrictions or closure”, whereas Part 3 of that Schedule lists businesses that are not subject to restrictions or closure.

In addition to the restrictions described above, Regulation 5(3) requires that a person responsible for carrying on a business consisting of the provision of holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house, must cease to carry on that business during the period to which these regulations apply. There is, however, a relaxation of this requirement (in paragraph 5(4)), so that a person carrying on any of these businesses may continue to carry on their business and keep any premises used in that business open in order to provide accommodation for any person, who is unable to return to their main residence, uses that accommodation as their main residence, needs accommodation while moving house, or needs accommodation to attend a funeral; or to provide accommodation or support services for the homeless, to host blood donation sessions, or for any purpose requested by the Secretary of State [for Health], or a local authority.

By Regulation 5(5) places of worship must be closed, except for funerals, to broadcast an act of worship, whether over the internet or as part of a radio or television broadcast, or to provide essential voluntary services or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency).

By Regulation 5(6) community centres must be closed, except where they are used to provide essential voluntary activities or urgent public support services (including the provision of food banks or other support for the homeless or vulnerable people, blood donation sessions or support in an emergency).

By Regulation 5(8) crematoria and burial grounds must be closed to the public, except for funerals or burials.

Regulation 6 imposes restrictions on movement, and Regulation 7 imposes restrictions on gatherings. As the restrictions on movement do not affect the use of premises as such, I don’t propose to discuss them here, but that does not detract from their crucial importance. So far as the restriction on gatherings is concerned, it is extremely strict, being limited to no more than two people, with certain very limited exceptions. It does have the effect of precluding many of the activities that would normally be carried on in, for example, sports grounds or public parks, including organised sports or games.

There are, of course, provisions in the Regulations for enforcement, including the creation of offences and penalties, including fixed penalty notices. There appear to have been one or two businesses that were initially reluctant to close, but strict compliance with these Regulations is essential, and will undoubtedly be enforced.

The Secretary of State for Health must review the need for the restrictions and requirements imposed by these Regulations at least once every 21 days, with the first review being carried out by 16 April 2020, and the Regulations will in any event expire at the end of the period of six months beginning with the day on which they came into force (i.e. by 26 September).

The Regulations explained above apply only to England. Similar (but not identical) regulations have been made in Wales and in other UK jurisdictions. The only other relevant SI of which I am currently aware is the Coronavirus Act 2020 (Commencement No.1) Regulations 2020 [SI 2020 No.361] which brings into force certain sections of the Coronavirus Act 2020 which did not take immediate effect. None of those is directly relevant to the subject matter of this blog.

© MARTIN H GOODALL