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New Test and Trace and Social Distancing Regulations for operators

New rules place obligations on licensees

“This eNews is in 2 parts. The first relates to Test and Trace regulations, and the second to new requirements for licensees to ensure social distancing is maintained.

1. The Health Protection (Coronavirus, Collection of Contact Details etc. and Related Requirements) Regulations 2020 have been published and come into force tomorrow 18th September, except for regulations relating to the requirement for QR codes, which come into effect on 24th September.

The regulations apply to hospitality businesses, including pubs, bars, restaurants and cafés, and tourism and leisure, including hotels, museums, cinemas, zoos and theme parks.

They have effect in England only.

The responsibility for obtaining details rests with the ‘relevant person’ who operates or occupies the premises.

Regulation 6 provides that relevant persons must display and make available a QR code at relevant premises they occupy or operate to enable certain individuals who seek to enter the premises to scan that QR code as, or immediately after, they enter the premises (applies from 24th September).

Regulation 7 provides the requirement to request certain details, where an individual seeks to enter relevant premises, unless that individual is under 16 or has a mental or physical disability that means they are unable to provide the details. This regulation does not apply to individuals who have scanned in a QR code.

The details required are:

  • the name of the individual;
  • a telephone number on which the individual may be contacted;
  • an e-mail address if the individual is unable to provide a telephone number;
  • a postal address if the individual is unable to provide an email address;
  • the date and time that the individual entered the relevant premises;
  • where the individual is a member of a group seeking permission to enter relevant premises together, the number of people in that group (including any member of the group that has scanned a QR Code when seeking to enter the relevant premises).

Separate rules apply to groups, where the ‘relevant person’ must either request each member of the group provide those details or that one member provide the details for all members of the group.

Details must be retained for a period of 21 days to assist with Test and Trace.

The regulations provide that for restaurants, including restaurants and dining rooms in hotels or members’ clubs; cafes, including workplace canteens; bars, including bars in hotels or members’ clubs; and public houses, the person providing the service must take all reasonable steps to prevent access to an individual who refuses to provide the requisite details, or where none of the group has done so in accordance with the regulations. This requirement applies where the information collected is incomplete or the relevant person believes it to be inaccurate.

Regulation 17 provides that it is an offence to contravene an obligation imposed by these regulations and regulation 18 provides for the imposition of fixed penalty notices.

The regulations can be found here.

Government guidance on Test and Trace can be found here:

2. The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020 also apply only in England and come into force on 18th September. These Regulations require certain undertakings in the hospitality industry, to take measures to ensure that their customers follow the rules on social distancing.

They state:

Restrictions on undertakings
2.—(1) A person responsible for carrying on a business of a public house, café, restaurant or
other relevant business must, during the emergency period, take all reasonable measures to ensure
(a) no bookings for a table are accepted for a group of more than six persons unless one of
the exemptions in regulation 5 of the Principal Regulations applies;
(b) no persons are admitted to the premises in a group of more than six, unless one of the
exemptions in regulation 5 of the Principal Regulations applies;
(c) no person in one qualifying group mingles with any person in another qualifying group
where this is not permitted under the Principal Regulations;
(d) an appropriate distance is maintained between tables occupied by different qualifying

(2) For the purposes of this regulation—
(a) an “appropriate distance” means a distance between tables of—
(i) at least two metres, or
(ii) at least one metre, if—`
(aa) there are barriers or screens between tables;
(bb) the tables are arranged with back to back seating, or otherwise arranged to
ensure that persons sitting at one table do not face any person sitting at
another table at a distance of less than two metres; or
(cc) other measures are taken to limit the risk of transmission of the coronavirus
between people sitting at different tables;
(b) a “relevant business” is a business which provides food or drink for consumption on its

There are penalties for contravening the regulations.

The regulations can be found here:

More details to follow…”

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