Face coverings, self-isolation and hospitality restrictions: Further tightening of English coronavirus regime

New lockdown regulations came into force in England on 23, 24 and 28 September 2020 to address rising cases of COVID-19. The new regulations reduce the number of exceptions to the “rule of six,” impose curfews on businesses in the leisure and hospitality sector, extend the previous laws on face coverings to a wider range of settings, and create a legal duty to self-isolate.

The new regulations

This article focuses on the following new regulations:

• The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020
• The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 3) Regulations 2020
• The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020
• The Health Protection (Coronavirus, Restrictions) (Self Isolation) (England) Regulations 2020

Key changes

Businesses now face greater requirements to make their premises “COVID-secure”, and must remind people to wear face coverings where they are required. From 28 September 2020, employers must not knowingly allow someone required to self-isolate to come to work; non-compliance will result in liability for fines of up to GBP10,000. Individuals required to self-isolate face a GBP1,000 fine for non-compliance, with increasing fines of up to GBP10,000 for repeat offenders.

Changes for the retail, leisure and hospitality sector include:

• Businesses selling food or drink, social clubs, casinos, bowling alleys, amusement arcades, funfairs, theme parks, adventure parks and activities, and bingo halls must be closed between 10pm and 5am. Delivery services can continue after 10pm.
• In licensed premises, food and drink must be ordered from, and served at a table.
• Customers must eat and drink at a table in any premises selling food and drink to consume on site.
• Businesses now need to display the official NHS QR code posters so customers can check-in, as an alternative to providing their contact details, when the app is rolled out nationally.

Face coverings must now be worn by:

• customers in private hire vehicles and taxis;
• customers in hospitality venues, except when seated at a table to eat or drink;
• staff in hospitality and retail; and
• staff in close contact services.

The following exceptions to the “rule of six” have been amended or removed:

• Support groups are now limited to a maximum of 15 people.
• Indoor organised sport for over 18s is no longer exempt (but disabled people are still covered by the previous exception).
• Weddings and civil partnership ceremonies and receptions are now restricted to a maximum of 15 people (down from 30).
• From 28 September, other significant standalone life events will be subject to the rule of six, with the exception of funerals (from 28 September).

The government expects these measures to remain in place until March 2021.