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Licensing news flashes

An update of any new changes in licensing, press releases etc.

What's new in licensing?

The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021

How do these new regulations effect my business? 

It is essential that you all read and understand the COVID-19 guidance. 

Please note: these are live documents and therefore we recommend you keep the link safe and re-visit the guidance often, as this is updated regularly.  

gov.uk - Working safely during covid-19 - restaurants pubs bars nightclubs and takeaway services

gov.uk/covid-19-coronavirus-restrictions-what-you-can-and-cannot-do

From 6am on 15 December 2021, certain venues and events will be required by law to check that all customers and visitors (aged 18 years or over) are full vaccinated, (currently this does not include the Covid booster, fully vaccinated means to have received 2 jabs, the last jab being a minimum of 14 days before visiting your premises) or have proof of a negative test in the last 48 hours or that they have an medical exemption. 

This means that all those aged 18 years or over must show their NHS COVID Pass, or an alternative proof of a negative test result, such as an NHS Test and Trace email or text proof, to gain entry into these specified venues.

You can access your NHS COVID Pass through:

  • the NHS App
  •  NHS.UK
  • A letter that you can obtain on NHS.UK or by calling 119. 

The NHS COVID Pass lets you share your COVID vaccination status and test results in a secure way for entry to domestic venues or events.

The NHS COVID Pass can be obtained two weeks after completing a full course of vaccination or with a negative test in the last 48 hours.  You can also obtain an NHS COVID Pass if:

  • you have received a trial vaccine as part of a formally approved COVID-19 vaccine trial in the UK
  • you have a medical reason that means you cannot be vaccinated or tested, confirmed by your GP or a specialist clinician. 

The use of the NHS COVID Pass is required as a condition of entry into the following places:

  • nightclubs, dancehalls and discotheques
  • other late night venues. 
  • these are any other venues that are open between 1am and 5am
  • serve alcohol during this time
  • have a dancefloor (or designated space for dancing); and
  • provide music, whether live or recorded, for dancing
  • indoor events with 500 or more unseated attendees, where those attendees are likely to stand or move around for all or part of the event, such as music venues with standing audiences or large receptions
  • outdoor events with 4,000 or more unseated attendees, where those attendees are likely to stand or move around for all or part of the event, such as outdoor festivals; and
  • any events with 10,000 or more attendees indoor or outdoor, such as large sports and music events. 

Evidence via email or text of a negative Covid test result is sufficient to gain entry to the above venues. 

These requirements do not apply when the venue either does not:

  • provide a dance floor or space for dancing 
  • or music for dancing.

If you would normally meet these criteria and choose to close before 1am, then you will not be caught by these regulations. 

Please note: as soon as it hits 1am all persons in the venue must have been subject to a check, best practice would suggest that all persons entering your premises that night are checked on entry, regardless of the time of entry, to avoid a mass checking process being required at 1am, which may be very difficult to manage logistically. 

There are some settings that will be exempt from requirements to use the NHS COVID Pass including communal worship, wedding ceremonies, funerals and other commemorative events, protests, and mass participation sporting events.

Legislation.gov.uk/uksi/2021/1416/contents/made

GOV.UK - Carrying out mandatory COVID-19 status checks at your venue or event (external website)

Evidencing your checks and carrying out the checks

The person responsible for managing the premises (subject to these regulations) must ensure that any person entering produces evidence to satisfy the above criteria.  

You must produce and keep up to date a statement on how your business will approach this criteria, what measures you will put in place and how you will draw these measures to the customers attention. 

 Records must be kept of each day's trading under these regulations, which must include 

  • The date to which the records relate 
  • The number of people accessing the venue
  • A record of any occasion when the responsible person has deviated from your set criteria within your statement, and the exact reason for the deviation and what measures were put in place on this occasion to manage the risk, and what evidence was accepted to allow customers to enter the premises

You must ensure these records are compliant with Data Protection laws. 

It is recommended that premises download and use the free NHS Covid Pass Verifier App, using this wherever possible will help to ensure passes are valid and have not expired, and reduce the possibility of fraud. 

Expectations for workers at your venue or event

In places where the NHS Covid Pass is required, organisations should check the Covid status of all adults working or providing services in the venue or event that are likely to come into contact with the public. You should make sure that staff are all either:

  • fully vaccinated
  • undertaking regular testing
  • exempt (for medical reasons or as a result of clinical trial participation in a Covid vaccine trial)
  • an exempt person (under 18 or conducting their official duties). 

Checking the Covid status of your workforce is strongly advised but it’s not mandatory. 

What you can do to stop the risk from COVID-19

Display NHS QR codes so that participants/customers can check in using the NHS COVID-19 app if they want to. This will help to reduce the spread of the virus and protect your customers, visitors and staff. You do not have to ask customers to check in or turn them away if they refuse. If you display an NHS QR code, you should also have a system to collect (and securely store) names and contact details, for those who ask to check in but who do not have access to a smartphone or who prefer not to use the app.

Ensure you have a suitable and sufficient risk assessment in place 

 You should also ensure that an up to date risk assessment is in place that covers any additional measures implemented to help prevent and reduce the transmission of COVID-19 at your premises. A template for the risk assessment can be downloaded from the HSE website via the following link: 

HSE - Coronavirus - Risk assessment.pdf

Cleaning and hygiene protocols 

Take steps to reduce the risk of transmission, including putting in place cleaning and hygiene protocols, and ensuring your venue has adequate ventilation. Advise customers and workers to wash their hands or use hand sanitiser frequently. Provide additional handwashing facilities and hand sanitiser, particularly in high-traffic or higher-risk areas, such as reception and entrance foyers, doorways, lifts and bathroom facilities.

The Health Protection (Coronavirus, Wearing of Face Coverings) (England) Regulations 2021

In England, face coverings are now required by law in most indoor public places and on public transport with some exceptions.

In the context of the coronavirus (COVID-19) outbreak, a face covering is something which safely covers the nose and mouth. A face visor or shield may be worn in addition to a face covering but not instead of one. This is because face visors or shields do not adequately cover the nose and mouth, and do not filter airborne particles.

In England, you must wear a face covering in the following indoor settings (examples are given in brackets):

  • shops and supermarkets (places which offer goods or services for retail sale or hire)
  • auction houses
  • post offices, banks, building societies, high street solicitors and accountants, credit unions, short-term loan providers, savings clubs and money service businesses
  • estate and letting agents
  • premises providing personal care and beauty treatments (barbers, hair salons, tattoo and piercing studios, nail salons and massage centres)
  • pharmacies
  • premises providing veterinary services
  • retail galleries
  • retail travel agents
  • public facing funeral offices
  • takeaways without space for consumption of food or drink on premises
  • shopping centres (malls and indoor markets)
  • community centres (including village halls), youth centres, members clubs and social clubs
  • libraries and public reading rooms
  • polling stations and premises used for the counting of votes
  • places of worship
  • crematoria and burial ground chapels
  • visitor attractions and entertainment venues (museums, galleries, cinemas, indoor theatres, concert halls, cultural and heritage sites, indoor areas at aquariums, zoos and visitor farms, bingo halls, amusement arcades, adventure activity centres, indoor sports stadiums, funfairs, indoor theme parks, casinos, skating rinks, bowling alleys, indoor play areas including soft-play areas)
  • public areas in hotels and hostels
  • indoor areas of open-air sports stadiums
  •  public transport (aeroplanes, trains, trams, buses, coaches and ferries), taxis and private hire vehicles
  • cars or small vans during any professionally delivered driving lesson, during any driving test, and during any practical test to qualify as an approved driving instructor
  •  heavy goods vehicle (HGVs) during any driving lesson and during any driving test
  • driving theory test centres
  • transport hubs (airports, rail and tram stations and terminals, maritime ports and terminals, bus and coach stations and terminals)
  •  motorway service areas. 

Face coverings are to be worn when entering any of the above settings and are to remain on unless the person entering is exempt or have a reasonable excuse for removing the face covering. 

Signage at premises 

Settings in which face coverings are required must display signage or take other measures to ensure customers are aware of the requirement to wear a face covering on their premises where there is no applicable exemption or reasonable excuse. This is a legal requirement. 

A poster in relation to face coverings can be found by following the link below, you can choose to use your own poster.

GOV.UK - Face coverings poster

Local authority enforcement officers can also use their enforcement powers against businesses for failing to display appropriate signage or breaching the prohibition against preventing someone from wearing a face covering.

Exempt premises 

Settings which are exempt from wearing a face covering because it would not be practical to do so include:

  • restaurants, cafés and canteens
  • pubs, bars and shisha bars
  • gyms and exercise facilities (including dance studios)
  • leisure centres, swimming pools, and water and aqua parks
  • photography studios
  • nightclubs, dance halls and discotheques.

 

Exemption to wearing a face covering 

In settings where face coverings are required in England, there are some circumstances where people may not be able to wear a face covering. Please be mindful and respectful of such circumstances. Some people are less able to wear face coverings, and the reasons for this may not be visible to others.

This includes (but is not limited to):

  • children under the age of 11 (The UK Health Security Agency does not recommend face coverings for children under the age of 3 for health and safety reasons)
  • people who cannot put on, wear or remove a face covering because of a physical or mental illness or impairment, or disability
  • people for whom putting on, wearing or removing a face covering will cause severe distress
  • people speaking to or providing assistance to someone who relies on lip reading, clear sound or facial expressions to communicate
  • to avoid the risk of harm or injury to yourself or others
  • police officers and other emergency workers, given that this may interfere with their ability to serve the public.

 

Staff within these settings, are required to wear face coverings when they are in a part that is open to the pubic and are likely to come into close contact with members of the public. The government has provided detailed guidance on reducing the risk of COVID-19 in workplaces. Employers should consider this guidance when completing their health and safety risk assessment, to help them decide which mitigations to put in place.

GOV.UK - Working safely during COVID-19

Penalty for not wearing a face covering 

Police and police community support officers can enforce compliance if members of the public do not comply with the law without a reasonable excuse. If necessary, the police have enforcement powers including issuing fixed penalty notices, doubling with each subsequent offence. First offence £200, reduced to £100 if paid within 14 days, second offence £400, a third £800 up to a maximum of £6,400. 

GOV.UK - Face coverings: when to wear one and how to make your own (external website)

Legislation.gov.uk/uksi/2021/1340/contents/made 

Dangerous Wild Animal Licensing Policy Review

Date: 3 November 2021.

The Licensing Authority have undertaken a review of our current Dangerous Wild Animal Licensing Policy, that underpin how we will exercise duties under Dangerous Wild Animal Act 1976 and The Animal Welfare (Licensing of Activities Involving Animals) Regulations 2018 for the activity of selling animals as pets. 

Please send any comment on the revised policy by email to: licensing@eastriding.gov.uk

Dangerous Wild Animals Draft Policy (pdf 513kb)

Please find our revised drafted policy attached, we now invite any comments on the revised policy no later than 1 December 2021. 

Review of Statement of Gambling Principles Licensing Policy 2022-25. 

We have a statutory duty to update and revise our Statement of Licensing Principles every 3 years, the policy sets out how the Licensing Authority will exercise it duties in relation to gambling activities. 

There are very few proposed changes, which are mainly administrative. The Licensing Authority is awaiting the outcome of the Government's review of the Gambling Act 2005 at which time the policy maybe further reviewed. 

If you would like to comment on the revised Statement of Licensing Principles, which can be viewed on the below link in full. All comments must be made in writing by email to: licensing@eastriding.gov.uk 

Statement of Principles Gambling Act 2005 Revised 2022-2025 (word 647kb)

All comments must be received no later than 30 November 2021. 

COVID-19 - Working Safely Guidance

Please visit the Government's latest COVID-19 guidance which cover a range of different types of work. You may need to use more than one of these guides as you think through what you need to do to keep people safe. 

GOV.UK - Working safely during coronavirus COVID-19 (external website)

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