After a first announcement that businesses such as restaurants, pubs, cinemas, theatres and museums were to close from 21st March 2020, the government made a further announcement on 23rd March 2020 that the mandatory closure would be expanded to all other 'non-essential' businesses and that the population would be put into 'lockdown'.
Yesterday, the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 ("Regulations") were made to consolidate the new measures, and the government last night updated its guidance, bringing clarifications in relation to the types of premises required to close and particularly their exceptions.
We are all navigating uncharted waters as business and society faces up to the impact of COVID-19. We very much hope you and your loved ones remain in good health.
Please be assured that Fieldfisher is continuing to work with clients to navigate COVID-19 related issues and on business as usual needs. Do get in touch with us if you would like to chat anything through.
Businesses selling food or drink can no longer do so for the purpose of consumption on their premises, and the premises must be closed; however takeaway and delivery remain allowed, and appear to be encouraged under the government's guidance.
To this effect, emergency legislation came into force on 24th March 2020, allowing drinking establishments, restaurants and cafes to temporarily provide takeaway food without the need for planning permission for a period of one year, and provided they notify their planning authority.
Outside of food and drink, most retail premises have been required to close, with a list of limited exceptions of businesses deemed 'essential', such as supermarkets, pharmacies, petrol stations, corner shops and newsagents, post offices, car parks or banks.
The updated guidance has also confirmed that although shopping centres themselves are required to be closed, they should remain open if they contain units which are not required to be closed (this may impact a significant number of centres across the country).
Hotels and similar businesses, libraries, community centres, places of worship, and leisure such as gyms or museums are also all required to close, however the Regulations contain various exceptions to ensure such closures do not affect food banks, homeless services, and blood donation sessions.
The Regulations supersede the initial regulations that came into force on 21st March 2020. They apply to England, but their measures have been extended to Wales and Scotland, with similar extension to Northern Ireland to be expected shortly.
Compliance with the new rules in England will be monitored by Environmental Health and Trading Standards officers, with police support if appropriate. A breach of the new rules could mean being subject to prohibition notices and fixed penalties. Corporate officers may be found personally guilty of an offence separately from their business under the Regulations. The government guidance warns that, if not complied with, offenders may be taken to court, facing potentially unlimited fines.
The Regulations will be reviewed at least every 21 days and may be extended or terminated depending on the assessment of their necessity and effectiveness in light of changing circumstances.
The updated guidance and the publication of the Regulation provide a helpful reassurance as to which businesses are expected to close and which ones may remain open, however further restrictions or enforcement measure may arise - the legal landscape is evolving daily. Clients are advised to keep an eye on any updates to the government's guidance, but also to seek legal guidance as to their rights and obligations.
For more information please visit Fieldfisher's COVID-19 content hub, we are updating this daily with up-to-date information.
Antony Phillips | Partner, London
Owen Talfan Davies | Partner, London
Lesley Webber, OBE | Consultant, London
Faye Hyland | Senior Associate, London
Hannah Ingham | Senior Associate, London
Jamie Mangan | Senior Associate, London
Lucie-Anne Rhodes | Senior Associate, London
Daniel Banks | Senior Associate, London
Luke Evans | Solicitor, London
Alice Rieuneau | Solicitor, London
Yesterday, the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 ("Regulations") were made to consolidate the new measures, and the government last night updated its guidance, bringing clarifications in relation to the types of premises required to close and particularly their exceptions.
We are all navigating uncharted waters as business and society faces up to the impact of COVID-19. We very much hope you and your loved ones remain in good health.
Please be assured that Fieldfisher is continuing to work with clients to navigate COVID-19 related issues and on business as usual needs. Do get in touch with us if you would like to chat anything through.
Food and drink
Businesses selling food or drink can no longer do so for the purpose of consumption on their premises, and the premises must be closed; however takeaway and delivery remain allowed, and appear to be encouraged under the government's guidance.To this effect, emergency legislation came into force on 24th March 2020, allowing drinking establishments, restaurants and cafes to temporarily provide takeaway food without the need for planning permission for a period of one year, and provided they notify their planning authority.
Retail, hotels and leisure
Outside of food and drink, most retail premises have been required to close, with a list of limited exceptions of businesses deemed 'essential', such as supermarkets, pharmacies, petrol stations, corner shops and newsagents, post offices, car parks or banks.The updated guidance has also confirmed that although shopping centres themselves are required to be closed, they should remain open if they contain units which are not required to be closed (this may impact a significant number of centres across the country).
Hotels and similar businesses, libraries, community centres, places of worship, and leisure such as gyms or museums are also all required to close, however the Regulations contain various exceptions to ensure such closures do not affect food banks, homeless services, and blood donation sessions.
Extent and compliance
The Regulations supersede the initial regulations that came into force on 21st March 2020. They apply to England, but their measures have been extended to Wales and Scotland, with similar extension to Northern Ireland to be expected shortly.Compliance with the new rules in England will be monitored by Environmental Health and Trading Standards officers, with police support if appropriate. A breach of the new rules could mean being subject to prohibition notices and fixed penalties. Corporate officers may be found personally guilty of an offence separately from their business under the Regulations. The government guidance warns that, if not complied with, offenders may be taken to court, facing potentially unlimited fines.
The Regulations will be reviewed at least every 21 days and may be extended or terminated depending on the assessment of their necessity and effectiveness in light of changing circumstances.
The updated guidance and the publication of the Regulation provide a helpful reassurance as to which businesses are expected to close and which ones may remain open, however further restrictions or enforcement measure may arise - the legal landscape is evolving daily. Clients are advised to keep an eye on any updates to the government's guidance, but also to seek legal guidance as to their rights and obligations.
For more information please visit Fieldfisher's COVID-19 content hub, we are updating this daily with up-to-date information.
Key Contacts
Antony Phillips | Partner, LondonOwen Talfan Davies | Partner, London
Lesley Webber, OBE | Consultant, London
Faye Hyland | Senior Associate, London
Hannah Ingham | Senior Associate, London
Jamie Mangan | Senior Associate, London
Lucie-Anne Rhodes | Senior Associate, London
Daniel Banks | Senior Associate, London
Luke Evans | Solicitor, London
Alice Rieuneau | Solicitor, London