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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

CORONAVIRUS CRISIS BRIEFING

COVID MSHB All information contain within this update is accurate at the time of publication. During these unprecedented times where the situation is constantly changing at pace it is vital that you take expert advice where necessary. Please do not hesitate to contact us if you wish to discuss any issues covered in these updates further. The Hill Brown Licensing Team and the wider team at Miller Samuel Hill Brown remain committed to providing the fullest possible service for the trade at this extremely challenging time.

To view our Coronavirus Crisis Licensing archive click here.



CORONAVIRUS CRISIS LICENSING BRIEFING #31

Update 6 November 2020

“Tiers” Regulations

Hospitality restrictions based on local authority areas are now set out in the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020. Subject to review at least every 21 days. First review: 10 November 2020

LEVEL/LOCAL AUTHORITY AREA

HOSPITALITY RESTRICTIONS

0: No local authorities currently at this level.

Businesses required to close:

  • Nightclubs, dance halls, discotheques.
  • Sexual entertainment venues.

Restrictions on public gatherings:

Outdoors:

  • 15 people.
  • 5 households.

Indoors:

  • 8 people.
  • 3 households.

Hospitality businesses may open during their normal licensing hours, both indoors and outdoors, subject to socialising rules. Continuing requirement to record visitor information.

1: Highland, Orkney, Shetland, Moray, Western Isles.

Businesses required to close:

  • Nightclubs, dance halls, discotheques
  • Sexual entertainment venues.

Restrictions on public gatherings:

Outdoors:

  • 6 people.
  • 2 households.

Indoors:

  • 6 people.
  • 2 households.

Hospitality trading hours:

  • Indoors and outdoors: Last entry 9.30 pm. Must close 10.30 pm.
  • Exemptions for takeaways (subject to licensing restrictions) and for the hotel residents.

Continuing requirement to record visitor information.

2: Aberdeenshire, Aberdeen City, Fife, Dumfries and Galloway, Perth and Kinross, Angus, Scottish Borders, Argyll and Bute.

Businesses required to close:

  • Nightclubs, dance halls, discotheques
  • Sexual entertainment venues.
  • Concert halls.
  • Any other venue which (a) normally opens at night, (b) has a dance floor or other space for dancing or spectating by members of the public (members of staff considered members of public) and (c) provides live or recorded music.
  • “Drinks only public house businesses”: “Any public house which does not have available on its premises facilities to allow the preparation and service of a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal.” Exemption for takeaways (subject to licensing restrictions).
  • Indoor and outdoor theatres.
  • Comedy clubs.
  • Soft play centres.
  • Sports stadiums.
  • Conference/exhibition centres.
  • Snooker and pool halls.
  • Bowling alleys.
  • Funfairs/amusement arcades.

Restrictions on public gatherings:

Outdoors:

  • 6 people.
  • 2 households.

Indoors:

  • 6 people.
  • 2 households.

Hospitality trading hours:

  • Indoors: Last entry 7 pm. Must close 8 pm.
  • Outdoors: Last entry 9.30. Must close 10.30 pm.

Indoors, alcohol may only be supplied ancillary to the taking of a “table meal” prepared on the premises. (Outdoors, no restrictions.)

The meal requires to be “such as might be expected to be served as the main midday or main evening meal (irrespective of the actual time of service), or as a main course at either such meal".

“Table meal” means a meal eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purposes of a table.

Exemptions for takeaways (subject to licensing restrictions) and for the hotel residents.

Continuing requirement to record visitor information.

3: Inverclyde, East Dunbartonshire, West Dunbartonshire, Dundee, Renfrewshire, East Renfrewshire, Glasgow, South Ayrshire, East Ayrshire, North Ayrshire, Stirling, Edinburgh, Midlothian, West Lothian, East Lothian, Clackmannanshire, North Lanarkshire and South Lanarkshire.

Businesses required to close:

  • Nightclubs, dance halls, discotheques
  • Sexual entertainment venues.
  • Concert halls.
  • Any other venue which (a) normally opens at night, (b) has a dance floor or other space for dancing or spectating by members of the public (members of staff considered members of public) and (c) provides live or recorded music.
  • “Drinks only public house businesses”: “Any public house which does not have available on its premises facilities to allow the preparation and service of a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal.” Exemption for takeaways (subject to licensing restrictions).
  • Indoor and outdoor theatres.
  • Comedy clubs.
  • Soft play centres.
  • Sports stadiums.
  • Conference/exhibition centres.
  • Snooker and pool halls.
  • Bowling alleys.
  • Funfairs/amusement arcades.

Restrictions on public gatherings:

Outdoors:

  • 6 people.
  • 2 households.

Indoors:

  • 6 people.
  • 2 households.

No alcohol sales indoors or outdoors.

Hospitality trading hours:

  • Indoors and outdoors: Last entry 5 pm. Must close 6 pm.

Exemptions for takeaways (subject to licensing restrictions) and for the hotel residents.

Continuing requirement to record visitor information.

4: No local authorities currently at this level.

Businesses required to close:

  • Nightclubs, dance halls, discotheques
  • Sexual entertainment venues.
  • Food and drink businesses.
  • Concert halls.
  • Any other venue which (a) normally opens at night, (b) has a dance floor or other space for dancing or spectating by members of the public (members of staff considered members of public) and (c) provides live or recorded music.
  • Indoor and outdoor theatres.
  • Comedy clubs.
  • Museums and galleries.
  • Soft play centres.
  • Sports stadiums.
  • Conference/exhibition centres.
  • Snooker and pool halls.
  • Bowling alleys.
  • Betting shops.
  • Bingo halls
  • Funfairs/amusement arcades.
  • Premises providing close contact services.
  • Skating rinks.
  • Indoor fitness studios, gyms, swimming pools/other indoor leisure centres or facilities,

Restrictions on public gatherings:

Outdoors:

  • 6 people.
  • 2 households.
  • Indoors:
  • 6 people.
  • 2 households.

Hospitality:

  • Closed both indoors and outdoors.

Exemptions for takeaways and for the hotel residents.

Continuing requirement to record visitor information.

 

Licensing in an unprecedented crisis

Hey Legal Graphic

In a new YouTube podcast Jack Cummins, our Licensing Director, discusses the major challenges posed by Coronavirus with Ally Thomson of Hey Legal.

 

Licensing during an unprecedented crisis
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