Covid Rules from 26.12.21

 A reminder of the rules which came in to effect this week and in particular what they mean for New Year events.

https://gov.wales/new-rules-wales-26-december-2021-coronavirus-easy-read

VERSION: Revised Alert Level 2 - applies from 6:00a.m. 26

December 2021

(Last updated 23 December 2021)

Hospitality (pubs, bars, cafés, restaurants and licensed

venues)

The hospitality sector is a vital part of the Welsh economy and this

document reflects the mitigations and reasonable measures that

businesses in the sector are expected to consider when re-opening

and in operating to protect their staff, customers and

others.

This Guidance is issued under regulation 18 of the Health

Protection (Coronavirus Restrictions) (No 5) (Wales) Regulations

2020 (Guidance about taking reasonable measures).

All those who are responsible for providing hospitality service must

have regard to this Guidance under Regulation 18(1). These

mitigations and measures are part of the wider Alert Level 2:

guidance for employers, businesses and organisations. It is also

important to keep up to date with the legal requirements applicable,

depending on the Alert Level in Wales: Alert Level 2 as of 26

December as set out in Health Protection (Coronavirus Restrictions)

(No 5) (Wales) Regulations 2020 (as amended).

Indoor settings present a higher risk than outdoor settings for the

transmission of COVID-19. Therefore, when indoors, additional

measures are necessary to minimise the risk of transmission.

These include implementation of protective policies to prevent over-

occupancy, ensuring adequate ventilation, requiring 2m social

distancing indoors as a reasonable measure, enforcing the use of

face coverings for staff, ensuring the wearing of face coverings by

customers when not consuming food or drink at their table, and

providing a managed table service in licensed premises.

The collection of accurate contact information to facilitate tracing

and testing of contacts in the event of positive cases being

identified continues to apply to all premises.

This guidance has been produced in consultation with industry

stakeholders and applies to hospitality businesses in Wales only.

Reference should also be made to the Welsh Government’s web

page on current alert levels to see the relevant restrictions and

requirements and any transitional arrangements that are put in

place, from time to time. The hospitality sector should place safety

as a priority at all times and recognise that at the current time going

to a pub, bar, café or restaurant should not feel the same as it used

to. We have a duty of care to each other and to the businesses we

all enjoy and that others rely on for their livelihoods.

The sector is open – let’s keep it that way by doing our bit to

keep coronavirus under control and to keep Wales safe.

Reasonable measures to minimise risks – general summary

There is a requirement for businesses to take all reasonable

measures to minimise the risk of exposure to coronavirus. To

minimise the risk of exposure to coronavirus at regulated premises,

or the spread of coronavirus by those who have been at regulated

premises, the responsible person must take the following steps:

Step 1 - Undertake a specific assessment of the risk of exposure to

coronavirus at the premises, and in doing so consult persons

working on the premises or representatives of those persons.

Step 2 - Provide information to those entering or working on the

premises about how to minimise the risk of exposure to

coronavirus, in particular the responsible person must provide

information to those working at the premises about their risk of

exposure to coronavirus identified under the assessment

undertaken under Step 1, and the measures to be taken under Step

3 and Step 4 to minimise the risk.

Step 3 - Take all reasonable measures to ensure:

(a) that a distance of 2 metres is maintained between any persons

indoors on the premises, except between members of a permitted

group;

(b) where persons are required to wait indoors to enter the

premises, that a distance of 2 metres is maintained between them,

except between members of a permitted group.

Step 4 - Take reasonable measures to mitigate the risk of exposure

to coronavirus that arises where persons gather on the premises,

such as:

(a) seeking to prevent the following persons from being present at

the premises—

(i) any person who has tested positive for coronavirus in the

previous 10 days,

(ii) any person who has had close contact in the previous 10 days

with any person who has tested positive for coronavirus,

(iii) any person experiencing symptoms associated with COVID-19;

(b) ensuring that persons gathering at the premises gather outdoors

where this is practicable;

(c) limiting close physical interaction between persons on the

premises, in particular face–to-face interaction, for example by—

(i) changing the layout of premises including the location of furniture

and workstations;

(ii) controlling the use of entrances, passageways, stairs and lifts;

(iii) controlling the use of shared facilities such as toilets and

kitchens;

(iv) otherwise controlling the use of, or access to, any other part of

the premises;

(v) installing barriers or screens;

(d) limiting the duration of time for which persons may be present

on the premises;

(e) seeking to ensure that the premises are well ventilated;

(f) maintaining good hygiene on the premises;

(g) providing or requiring use of personal protective equipment.

In determining the extent to which it is reasonable to take a

particular measure under Step 3, regard may be had to measures

taken under Step 4 to mitigate the risk of exposure to coronavirus

that arises when any person is within a distance of 2 metres of

another person.

Measures that may be taken under Steps 1 – 4 include—

(a) not carrying out certain activities;

(b) closing a part of the premises;

(c) enabling staff to work from home where reasonably practicable

in accordance with the legal requirements;

(d) allowing and enabling a person who ordinarily works at the

premises to isolate due to testing positive for coronavirus or having

had close contact with somebody who has tested positive, for a

period—

(i) recommended in guidance published by the Welsh Ministers;

(ii) specified in a notification given to the person by a contact tracer;

(e) collecting contact information from each person at the premises

and retaining it for 21 days for the purpose of providing it to any of

the following, upon their request—

(i) the Welsh Ministers;

(ii) a contact tracer;

(f) taking reasonable measures to ensure that such contact

information is correct.

Mitigations and reasonable measures for hospitality

businesses

Risk assessments

 Each business (the responsible person for the regulated

premises) must undertake, and have available on site, a specific

risk assessment on the risk of exposure to COVID-19 which should

be updated to align to the latest restrictions and requirements on

operating both indoors and outdoors. Staff, or their representatives,

must be consulted on the risk assessment. In addition, business

operators will need to take full account of their requirement to keep

staff safe at work and offer individual risk assessments for their

members of staff dependent on the roles they play and whether

they are at increased risk or clinically extremely vulnerable.

Employers should appoint and engage with a staff representative,

and trade union representative wherever possible, for all employee-

related COVID-19 issues.

 Businesses should designate a named member (or members) of

staff per shift (depending on number of covers) during all opening

hours to monitor COVID-19 hygiene and enforcement of social

distancing/safety protocols – acting as ‘COVID

Monitors’.

 All businesses should, where possible, deploy fixed teams of staff

to reduce interactivity between team members including setting a

maximum staff number, or space per staff member, in indoor

spaces such as kitchens to allow for social distancing whilst taking

into account the cramped nature of many kitchens.

Businesses should also encourage new ways of working, adapting

shift patterns and menus to significantly reduce the number of

people working in restricted spaces at any one time.

Information and communication

 Businesses must provide information to those entering or working

at the premises about how to minimise the risk of exposure to

coronavirus. All businesses must ensure customers are fully aware

of their responsibilities for observing social distancing when indoors

and all other applicable COVID-19 safety measures using clear

signage and other visual communications (e.g. posters or

information boards). A suite of consumer facing materials is

available to support businesses.

Risk assessments may identify social distancing as a reasonable

measure to be employed in outdoor areas, although no longer

mandated. If this is the case, the business must clearly

communicate this requirement to staff and customers.

 Businesses must provide information to those working at the

premises about their specific risks of exposure to coronavirus as

identified under the risk assessment undertaken by them, and the

measures to be taken to minimise the risks. It is recommended that

businesses should make their specific COVID-19 risk assessment

publicly available for staff and customers. Risk assessments should

be regularly updated in line with the latest legal requirements and

guidance.

 All businesses should set and display the maximum capacity for

inside the premises and put in place measures for managing the

maximum capacity set.

This should form part of the specific COVID-19 risk assessment.

Although there is no requirement for social distancing outdoors

businesses are advised to continue to exercise caution in relation to

the capacity of outdoor areas. The risk assessment may identify

social distancing outdoors as a reasonable measure to be

employed at the premises, in which case, this requirement must be

clearly communicated to staff and customers. Businesses should

also be aware that staff and members of the public may wish to

continue to socially distance outdoors for their own private reasons.

Thought should therefore be given in relation to outdoor seating etc.

to enable people to exercise their personal choice in this regard.

Social distancing in indoor premises

 Businesses must take all reasonable measures to ensure that a

distance of 2 metres is maintained between persons when inside

the premises, except between people from the same household, or

permitted groups of up to 6 people from 6 different households. This

means that businesses should ensure that social distancing is

maintained between separate permitted groups or permitted

households when indoors. Where it is not considered reasonably

possible or viable to maintain 2 metres of space between

tables, businesses may introduce other reasonable measures to

minimise the risk of exposure to coronavirus e.g.

erecting screens or partitions between tables and maximising

ventilation.

 A maximum number of 6 people from 6 different households can

meet indoors in regulated premises. This means that up to 6 people

(not including children aged under 11 from any of the households

gathering or a person who is caring for someone participating in

such a gathering) from 6 different households can meet indoors in

hospitality premises. People from the same household or extended

household count towards the total number of 6. Where a single

household contains more than 6 people they can all meet together

indoors in hospitality premises provided all those present reside at

the same address.

 Maintaining the safety of staff and customers both indoors and

outside should be considered within the context of the overall

COVID-19 risk assessment for the premises.

Cleaning

 There should be thorough and regular cleaning of high contact

touch points, toilets, tables etc. throughout the course of the service

in line with the risk assessed cleaning regime for the premises. All

businesses should implement rigorous cleaning and hygiene

practices in between bookings and as required during service, to

keep their premises safe. Particular attention should be given to

shared services, such as washrooms and toilets.

Operating outdoors and improving ventilation indoors

 If outdoor spaces being utilised are closed on all sides and

roof/ceiling they are considered and treated as indoors. In contrast,

if they are outside and open-sided (more than 50% open as per the

Smoke-Free Premises and Vehicles (Wales) Regulations 2020)

they are to be considered and treated as outdoors. It is

imperative that if marquees or similar are to be used they need to

be part of the premises’ risk assessments included in cleaning

regimes, and monitored so as to ensure compliance with social

distancing requirements.

 Indoors, all businesses should maximise ventilation and enhance

airflow throughout the premises, including front of house, staff areas

and kitchen areas, by opening windows and propping open internal

doors (but not fire doors) where possible.

Controlling entry

 In premises authorised to sell or supply alcohol (licensed

premises) for consumption on the premises1 only, there must be

controlled entry to the premises, apart from in cinemas and

theatres. Controlled entry includes pre-booking wherever possible

with details of all members of the group taken as part of the booking

and verified on arrival. “Walk-ups” should be kept to a minimum

and subject to access through a controlled entry point with provision

and verification of names of all members of the group at that point.

Any person working indoors to serve customers and customers

themselves when entering must wear face coverings whilst in the

indoor public space unless they are under 11 or have an exemption.

Reasonable measures to maintain 2 metres social distancing must

remain in place indoors (except between permitted households

and permitted groups (see above point 6)) and outdoors if the risk

assessment has identified this as a reasonable measure, and there

must be signage at the entry point to advise of the face covering

and distancing requirements.

Customers can walk through indoor spaces to access outdoor

spaces, but should adhere to social distancing and face covering

requirements when doing so.

 All premises must ensure that where people are required to wait

indoors to enter the premises that a distance of 2 metres is

maintained, except between members of the same household or a

carer and the person assisted by the carer or between members of

a permitted group of up to 6 people. Businesses should implement

one-way systems indoors (and outdoors where identified as

necessary), where the building allows, and subject to maintaining

access for people living with disabilities in accordance with the

Equality Act 2010.

 A reasonable measure is to consider asking customers if they

have had symptoms of Coronavirus or a positive test within the

previous 10 days, or been in close contact in the previous 10 days

with a positive case and refusing entry if that is the case.

(1 Or those premises where customers are permitted to bring their own alcohol

and consume it on the premises.)

 Businesses should consider measures to limit the duration of time

for which persons may be present inside the premises. This may be

more appropriate in some settings more than others and should be

balanced against wider consequences, such as encouraging

customers to visit multiple premises and potentially spreading the

virus e.g. pub crawls.

 Access to toilets will be allowed to customers and staff only,

subject to adherence to cleaning and other protocols aimed at

protecting staff and customers.

Collecting contact information

 In all hospitality premises, licensed and non-licensed, a

reasonable measure is to collect contact information from each

person (including staff and all visitors) at the premises to assist with

contact tracing should this be required. This means collecting the

person’s name and telephone number, date of visit and arrival and

departure time. This information should be retained for 21 days.

This can either be done on paper or electronically but should

adhere to General Data Protection Regulations (GDPR). More

information on keeping records of staff, customers and visitors is

available. It is a reasonable measure to ensure the accuracy of the

contact information provided. Where there is a concern re the data

supplied e.g. false information being given or large indoor groups

claiming to be a single household, businesses should make

reasonable efforts to request verification e.g. from a driving licence.

The NHS COVID-19 app does not substitute the above requirement

and is not mandated.

 Where the data of children may be collected (for example where a

16 year old person attends the premises) consideration must be

given to any associated risk in retaining this information. Further

information on these risks can be found on the ICO website. After

reading this guidance, a premises might decide that it’s more

appropriate for their responsible adult’s contact details to be noted

against their children.

Table service in licensed premises

 Managed table service must be in place both indoors and

outdoors in premises authorised to sell or supply alcohol (licensed

premises) for consumption on the premises1 only, apart from in

cinemas and theatres, to minimise the movement of customers

within the premises and to avoid customers congregating at the bar

or counter. Customers are to be seated in the premises in any place

other than at a bar:—

o when ordering food or drink;

o when being served with food or drink, and

o when consuming food or drink.

1 Or those premises where customers are permitted to bring their own alcohol

and consume it on the

premises.

 But where food is provided at the premises on a buffet basis,

customers may select food from the buffet and return to where they

are seated.

 Licensed premises are encouraged to use smartphone apps for

customers to pay for food to minimise contact between staff and

customers. The use of apps or other communications devices is

recommended, to reduce contact with customers, including options

for menus, ordering, billing and contactless payment.

 In the absence of the necessary infrastructure to take

payment at the table, a customer may pay at the bar or counter

inside, where social distancing and wearing a face covering

should be maintained. In unlicensed premises customers can

order and pay at the counter subject to maintaining social

distancing, but should consume food and drink at their tables.

Face coverings

 Staff should wear face coverings indoors at all times unless they

have an exemption from doing so. Staff should be encouraged to

temporarily remove their face coverings, whilst maintaining social

distance, if required to assist someone who relies on lip reading to

communicate.

 When entering the premises, moving about indoors, participating

in any shared activities, to walk through to the outdoor area or to go

to the toilets, customers must always ensure they are wearing face

coverings (unless they are under 11 or have a reasonable excuse

not to wear a face covering). More information is set out in the face

coverings guidance for the public and in the Health Protection

(Coronavirus Restrictions) (No 5) (Wales) Regulations 2020 (as

amended from time to time)).

Customers may remove their face coverings indoors when seated

in a designated area for the immediate consumption of food and/or

drink. They must replace their face coverings when they leave this

designated area. To safeguard staff and customers, businesses

may wish to encourage customers to wear face coverings at all

times outdoors, except when seated at a table, however this is not

mandatory. If the risk assessment identifies the wearing of

face coverings outdoors as a reasonable measure, this requirement

must be clearly communicated to staff and customers.

Reducing noise exposure

 Loud noises, which will require people to raise their voices or

shout and therefore increase aerosol spread, should be avoided

indoors. Businesses should ensure that TV broadcasts and

recorded music are kept at background level. Live performances

can take place subject to businesses undertaking a risk

assessment for the venue. To maintain social distancing and to

prevent the increase of aerosol spread, dancing, communal singing

and chanting should not be allowed.

Shared activities

 Activities (e.g. skittles, darts, pool and other ‘pub games’) are

allowed indoors if undertaken by a permitted group of up to 6

people in a permitted gathering or by a single household.

Businesses must prohibit shared activities indoors that would

entail people breaching the rules on gatherings or make social

distancing impracticable. Businesses are under a duty to take

reasonable measures to minimise the risk of exposure to the virus,

for example consideration should be given to cleaning of equipment

such as pool cues between groups using them.

Other activities which may be carried out safely which do not

prevent social distancing may be considered on their own merits.

For example, a quiz maintaining separate groups and complying

with the rules on gatherings and social distancing (for example

where each group collects and retains their own quiz sheet) may be

permissible. If the activity is an “event”, as defined in the

regulations, then there must be compliance with the rules on

events.

Buffet service

 Customers may select food from the buffet, be served from the

buffet zone and return to where they are seated, provided a

distance of 2 metres is maintained between any persons at the

buffet (except between the permitted group of 6 or members of the

same household, or carer and the person assisted by the carer).

When the customer selects food from the buffet, a face covering

must be worn to approach the buffet and hand sanitiser used.

Rigorous cleaning regimes should be maintained around the buffet

area.

Takeaway service

 Businesses offering takeaway as well as seated services must

follow face coverings and social distancing rules. For example,

customers collecting takeaways must be socially distanced from

other customers seated at tables, appropriate queueing and waiting

procedures should be put in place. Those collecting food or drink

must wear face coverings if they enter the building.

Regulated gatherings and regulated events

 Regulated gatherings or regulated events are those that are

organised by a business, which must undertake a risk assessment

and will need to comply with regulation 16 (reasonable measures to

minimise the risk of exposure to and spread of coronavirus).

Regulated gatherings and regulated events will vary in size (subject

to the maximum permitted numbers in the regulations) and the

capacity for different gatherings or events will be determined by the

size of the premises, risk assessments and the reasonable

measures which includes ensuring social distancing can be

maintained indoors (and outdoors if so identified as a reasonable

measure). Persons attending regulated gatherings or events at

licensed premises are not required to be seated when ordering or

consuming food or drink.