​GUIDELINES from the WRU.
GUIDELINES from the brewery legal advisors.
Key Points - The four key points seems to me to be as follows:
Children - One point that I think does merit particular note, is that the exemption for children appears to be those who are under 11. I.e. 10 and below. I had previously thought from the discussions with WG that it was 11 and below.
Compliance - Breach of Regulations is a criminal offence. Breach of Guidance is not, but do not underestimate its impact. Premises licences are able to be reviewed and Covidly insecure premises are getting a hard time in front of licensing committees. Revocation of licences is (increasingly) on the table. In addition Local Authorities and the Police have closure powers that range from obliging licensees to remedy some perceived defect, whether to the premises licence or the Covid Risk assessment or its delivery, whilst still permitting trading, through to issuing a closure order, that closes the premises until the issue is addressed (presuming that it can be).
Tone - As the FM made clear in the announcement last week, the tone here is important, and so his phrase, echoing JFK intentionally or otherwise, “Rather than us asking what we can or can’t do, we need to ask ourselves what should we be doing to keep our families safe” is likely to be the context in which officers will be enforcing these new rules. And I suspect the context in which adjudicators, whether licensing committees or the courts, will deliberate on perceived failings. Whilst falling back on the law to protect against some exceedance or failing, may work, it will not be viewed favourably. That doesn’t mean that you need to do less than you are permitted to do, but your risk assessment, your judgements and decisions as to how you operate, will need to be justified and justifiable.
Although published by the trade association UK Hospitality, this is the Welsh Government approved Guidance. It applies whether you are a member of the association or not.
These Regulations come into force on 9 November 2020 and must be reviewed by 19 November…and at least every 21 days after that.
Numbers - No person may, without a reasonable excuse, participate in a gathering which— consists of more than 4 people, not including— any children under the age of 11, or
Responsibilities - the responsible person 9at regulated premises) must—take all reasonable measures to ensure
(i) that a distance of 2 metres is maintained between any persons on the premises (except between members of the same household);
(b) take any other reasonable measures for that purpose, for example measures which limit close face–to-face interaction and maintain hygiene such as
The sale or supply of food or drink for consumption on licensed premises must also be carried out in accordance with the following additional measures
(a) there must be a person controlling entry to the premises and allocating a limited time period during which customers may stay in the premises;
(b) customers must be seated in the premises anywhere other than at a bar— (i) when ordering food or drink, (ii) when being served with food or drink, and (iii) when consuming food or drink.
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