The grim reality of the new Coronavirus Law. Necessary force by the police, forcing business to close and limiting funeral guests

1.    Following my recent summary of the Coronavirus Act, the government has now published the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. 

2.    The Regulations prohibit anyone leaving the place where they live without reasonable excuse, and ban public gatherings of more than two people These Regulations also require the closure of businesses, restrictions on the sale of food and drink on premises.  

How long will these provisions be in place?

3.    The Regulations will be in force for the entire duration of the emergency period. The emergency period, for the purposes of the Regulations, commenced on at 1pm on 26th March. The period will continue until the Secretary of State for Health declares it has come to an end. 

4.    The Regulations must be reviewed by the Secretary of State every 21 days. This first review must take place by 16th April 2020. 

Which businesses do they apply to? 

5.    Different rules will apply to different businesses. The Regulations divide businesses into three parts, Part 1, Part 2 and Part 3. 

6.    A person responsible for carrying on a business includes the owner, proprietor and manager of that business

7.    Part 1 businesses comprise of: 

a.    restaurants, including restaurants and dining rooms in hotels or members’ clubs. 

b.    bars, including bars in hotels or members’ clubs

c.     public houses

d.    cafes, including workplace canteens except 

                                               i.     cafes or canteens at a hospital, care home or school; 

                                             ii.     canteens at a prison or military establishment

                                            iii.     services providing food or drink to the homeless. 

8.    There is also an exception for those workplaces which can demonstrate the canteen needs to remain open because there is no other practical alternative for staff to obtain food. 

9.    Any person carrying on a business which is listed in Part 1 must close those parts of the premises in which food and drink are sold for consumption. These businesses must also ensure they stop selling food or drink for consumption on their premises.

10. Premises includes both indoor and outdoor areas. 

11. There is no bar to the businesses selling food and drink off the premises. Take away orders, collections by Deliveroo and other similar services will be permitted. 

12. For the avoidance of doubt, these provisions do not apply to hotels or other accommodation providing room service. 

13. Part 2 businesses comprise of  

a.    Cinemas.

b.    Theatres

c.     Nightclubs

d.    Bingo halls

e.    Concert halls

f.      Museums and galleries

g.    Casinos

h.    Betting shops

i.      Spas

j.      Nail, beauty, hair salons and barbers

k.    Massage parlours

l.      Tattoo and piercing parlours

m.  Skating rinks.

n.    Indoor fitness studios, gyms, swimming pools, bowling alleys, amusement arcades or soft play areas or other indoor leisure centres or facilities

o.    Funfairs (whether outdoors or indoors)

p.    Playgrounds, sports courts and outdoor gyms. 21. Outdoor markets (except for stalls selling food)

q.    Car showrooms.

r.     Auction Houses 

14. In relation to Part 2 businesses, these businesses must cease during the emergency period. 

15. Of these businesses, the Regulations do permit, Cinemas, Theatres, Bingo Halls, Concert halls, and Museums and galleries to broadcast performance outside the premises, whether over the internet or as part of a radio or television broadcast. 

Part 3 businesses 

16. Part 3 businesses comprise of: 

a.    food retailers, including food markets, supermarkets, convenience stores and corner shops

b.    off licenses and licensed shops selling alcohol (including breweries)

c.     pharmacies (including non-dispensing pharmacies) and chemists

d.    newsagents

e.    homeware, building supplies and hardware stores. 

f.      petrol stations

g.    car repair and MOT services

h.    bicycle shops

i.      taxi or vehicle hire businesses

j.      banks, building societies, credit unions, short term loan providers and cash points.

k.    post offices. 

l.      funeral directors

m.  laundrettes and dry cleaners

n.    dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health.

o.    veterinary surgeons and pet shops

p.    agricultural supplies shop

q.    storage and distribution facilities, including delivery drop off or collection points, where the facilities are in the premises of a business included in this Part

r.     car parks.

s.     public toilets

17. Where a specific business is not mentioned in Part 3, the Regulation will require that business to close its premises and stop selling or providing its services from those premises. The business is permitted to deliver its products and/or services remotely (online, phone, post). 

18. In relation to hotels, B&B, holiday accommodation and the like, these premises must also stop trading unless they need to remain open in order to provide accommodation for:

a.    unable to return to their main residence

b.    guests requiring the accommodation whilst moving to a new house 

c.     guest requiring the accommodation to attend funeral 

d.    guest using that accommodation as their main residence 

e.    provide

Places of worship

19. Those in charge of churches, synagogues, temples, mosques any other places of worship must also ensure these premises are closed. The premises may be used for limited activities comprising of 

a.    funerals

b.    broadcasting acts of worship over the internet, radio or television 

c.     essential voluntary services or urgent public support

Using venues for Government purposes 

20. Cinema, theatres, bingo halls, concert halls, museums and hotels can also be used by the Government to accommodate blood donation sessions. 

Restrictions of movement 

21. During the emergency period, no person may leave the place where they are living without reasonable excuse

22. The following will amount to a reasonable excuse:

a.    to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons* and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, or to obtain money, including from any business listed in Part 3 

*The definition of a vulnerable person appears below 

b.    to take exercise either alone or with other members of their household;

c.     to seek medical assistance, including to access to dental services, opticians, audiology services, chiropody, chiropractors, osteopaths and other medical or health services, including services relating to mental health, veterinary surgeons and pet shop 

d.    to provide care or assistance, including relevant personal to a vulnerable person, or to provide emergency assistance; 

e.    to donate blood; 

f.      to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living; 

g.    to attend a funeral of a member of the person’s household, or a close family member. The Regulations will only permit attendance at a friend’s funeral where no family member is attending 

h.    to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings; 

i.      to access critical public services including 

                                               i.     available childcare or educational facilities  

                                             ii.     social services; 

                                            iii.     services provided by the Department of Work and Pensions;

                                            iv.     services provided to victims (such as victims of crime); 

j.      in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between, parents and children, 

k.    in the case of a minister of religion or worship leader, to go to their place of worship; 

l.      to move house where reasonably necessary;

m.  to avoid injury or illness or to escape a risk of harm. 

Vulnerable people 

23. A vulnerable person includes any person aged 70 or older, any person under 70 who has an underlying medical condition and any person who is pregnant. 

24. A person in need of physical assistance, by reason of illness or disability

25.  An underlying medical condition is one of the following: 

a.    Chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease, emphysema or bronchitis. 

b.    Chronic heart disease, such as heart failure.

c.     Chronic kidney disease.

d.    Chronic liver disease, such as hepatitis. 

e.    Chronic neurological conditions, such as Parkinson’s disease, motor neurone disease, multiple sclerosis, a learning disability or cerebral palsy. 

f.      Diabetes.

g.    Problems with the spleen, such as sickle cell disease or removal of the spleen. 

h.    A weakened immune system as the result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy. 

i.      Being seriously overweight, with a body mass index of 40 or above

Gatherings 

26. Gatherings of more than two people, in a public place are unlawful. The rule does not apply where all the persons in the gathering are members of the same household, the gathering is essential for work purpose or it is for the purposes of attending a funeral 

27. In relation to moving house, providing emergency assistance, attending court (or other legal obligation) and caring for the vulnerable, gatherings of more than two people are only permitted where it is reasonably necessary. 

Enforcement 

28. These provisions can be enforced by a police constable, police community officer, a local authority officer and any other person the Secretary of State so designates. 

29. Alarmingly, the enforcement measures include “such action as is necessary”. 

30. Where a contravention does occur, a person will be issued with a prohibition notice. If the contravention relates to a person who is outside of the place he/she is living, the Regulations permit officers to direct the person to return and/or remove the person to the place where they are living. 

31. If necessary, officers may use reasonable force to exercise their power and police officers will have the power to arrest suspects. 

32. A breach of the regulations without reasonable excuse and any attempt to obstruct an officer from carrying out his/her duty, without reasonable excuse will amount to a criminal offence. 

33. Both an individual and a business (corporate entity) can be prosecuted for any contravention. In relation to a business, this will only arise where there is evidence to show that the contravention occurred with the consent, connivance or neglect of a person connected to the company (e.g company director, manager or secretary). 

34. As an alternative, any person contravening the requirement may be offered a fixed penalty notice. Payment of the notice will bring any criminal proceedings to an end, so long as payment is made within 28 days. 

35. Any prosecutions will take place in the Magistrates court, the maximum penalty will be a fine. 

Tanveer Qureshi, Barrister 

4 – 5 Gray’s Inn Square, London