Technical Notes 2021, Issue 147 - COVID 19 Update - Hospitality Sector

1. Recent discussion at East Dunbartonshire Licensing Board took place to clarify current restrictions and enforcement within hospitality premises. Accordingly, the purpose of this note is to provide updated information to all members on The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 and the Scottish Government guidance relating to the hospitality industry.
    
2. Throughout the pandemic coronavirus legislation has been amended to reflect the differing stages of the pandemic and the protection levels that were put in place.
    
3. Following the roll out of COVID vaccine and the mass immunisation programme it has been possible to move beyond level zero. The legislation and guidance has been amended to reflect this change and there are now only limited restrictions in place for hospitality businesses.
    
4. The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 sets out the following requirements:

Visitor Information

A person who is responsible for a relevant hospitality premises or relevant entertainment premises must, in relation to the premises, take measures to:

• Obtain and record visitor information
• Record visitor information in a filing system (which may be an electronic system) suitable for recording, storing, and retrieving the information
• Retain visitor information for a period of at least 21 days beginning with the date on which the visit occurred
• Visitors purchasing or collecting food or drink for consumption off the premises the collection of details does not apply.

Face Coverings

Face coverings are required to be worn in the following hospitality premises: Restaurants (including restaurants and dining rooms in hotels or members’ clubs), Cafés, Bars (including bars in hotels or members’ clubs) and Public Houses unless exempt for medical reasons.

A child who is under 12 years of age is not required to wear a face covering

A face covering may be removed when eating and drinking in hospitality premises
 

5. Further, Scottish Government has published COVID 19 guidance on Safer Businesses and Workplaces, which includes principles of good practice. Businesses are encouraged to follow the guidance including the following advice:
   • Ventilation: by taking measures to increase the volume of fresh air entering a building, such as opening windows, doors or vents or using appropriate mechanical systems, to help minimise the risk of spreading COVID-19 to colleagues and customers.
      
   • The continuation of good hand and respiratory hygiene and surface hygiene throughout the premises.
      
6. Nationally the enforcement responsibilities for The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 and the provision of advice to business on the Scottish Government guidance sit within local authority Community Protection roles, namely with Environmental Health Officers, Trading Standard Officers and the newly introduced Public Health Compliance Officers. Note,this area of work is not within the remit of Licensing Standards Officers.
    
7. The carrying out of inspections, provision of advice to businesses and investigation of complaints or enquiries in relation to non-compliance, should be directed to environmental.health@eastdunbarton.gov.uk. Enquiries from members can also be directed through Evonne Bauer, Executive Officer, Place and Community Planning.