New legal restrictions on businesses from 24 September

A series of new restrictions to try to stop the spread of coronavirus in England have been announced by the Prime Minister and are applicable from 24 September 2020.

Those of specific relevance to businesses are as follows:

• People should work from home wherever possible.
• Businesses selling food or drink, social clubs and other indoor leisure facilities, funfairs, theme parks, adventure parks and activities, and bingo halls must be closed between 10pm and 5am. This includes takeaways but delivery services can continue after 10pm.
• Pubs, bars and restaurants will be restricted to table service only (for groups of up to six), except for takeaways.
• Face masks are now compulsory for bar staff and non-seated customers, shop workers, waiters, staff in close contact services and (from 23 September) also for customers in private hire vehicles or taxis. Existing exemptions continue to apply.
• Fines for not wearing masks or following the rules have been increased to £200 for a first offence. Businesses must remind people to wear face coverings where mandated.
• Employers must not knowingly require or encourage someone who is being required to self-isolate to come to work.

Note that Covid-secure guidelines will now become legal obligations and businesses can be fined up to £10,000 for repeated breaches.

Full details of what has changed?

Legal requirement to collect data and display a QR poster

From 18 September, the government made it a legal requirement for venues in the sectors below to have a system in place to collect NHS Test and Trace data and keep this for 21 days.

The data logged should include at least one name (a group’s ‘lead’ member), contact number, date of visit and arrival and, where possible, departure time.

From 24 September, when the NHS Covid-19 app becomes available, it will also be a legal requirement for the same venues to display an NHS Test and Trace QR poster, which enables visitors with the app to check in at that location.

The venues affected include those in the following sectors:

• hospitality;
• leisure and tourism
• close contact services (such as salons)
• places of worship; and
• local authority venues (such as children’s centres)

If your business or venue falls into one of the categories that should provide a customer log, and a visitor uses the NHS QR code to check in, they do not need to provide their contact details by any other route. However, a manual option for recording visitor contact details must also be available for those who do not have or wish to use the app.

If you have a venue outside of these mandatory categories that is visited by members of the public and has a space where people congregate, the government would still encourage you to create a QR code poster for the entrance to that venue.

Please note that the businesses in the sectors above are legally required to adopt the measures described and can be fined for failing to comply.

View full announcement. 

Q&As, including which venues are affected.

Download your QR poster.

More information on the app and QR codes.

What records to keep for track and trace.

Rule of six and social distancing

From 18 September, regulations came into force to ensure that hospitality businesses comply with the rule of six and maintain social distancing between customers.

It is now an offence for a business to fail to adhere to this when taking a booking, to allow entry to a group of more than six people or to fail to advise groups not to merge in ways that breach the rules. Businesses also need to ensure adequate distance between tables (2m or 1m+) and prevent customers from dancing.

Please note that relevant businesses are legally required to adopt the measures described and can be fined for failing to comply.

Find out more.