COVID-19 Public Health Response (Protection Framework) Order 2021

69 Customers and clients at food and drink business or service must comply with seating requirements

(1)

All customers and clients at a workplace of a food and drink business or service must—

(a)

be seated at a table, except in the circumstances described in subclause (3); and

(b)

be seated at a table together in a number that does not exceed the number (if any) specified in an active COVID-19 response schedule for the purposes of this subclause; and

(c)

comply, so far as is reasonably practicable, with the 1-metre physical distancing rule (rather than the 2-metre physical distancing rule) when they are not seated at a table.

(2)

The requirement for customers and clients to be seated at a table does not apply if they are—

(a)

entering premises, using a toilet or bathroom, paying, or departing from premises; or

(b)

ordering or collecting food or drink, but only if doing so at premises other than on-licence premises or club licence premises.

(3)

Nothing in this clause applies to—

(a)

an accommodation service selling or providing food or drink for residents (including room service):

(b)
[Revoked]

(c)
[Revoked]

(d)

a vending machine that is located and used within a workplace:

(e)

a cinema, theatre, or stadium selling food or drink to customers or clients when they are seated inside the cinema, theatre, or stadium:

(f)

the use of gaming machines operated in a class 4 venue, but only if—

(i)

no food or drink is served or consumed within 2 metres of the gaming machines; and

(ii)

no person is permitted to use a gaming machine who does not comply with the face covering rule.

(4)

If a food and drink business or service holds an on-licence or a club licence and the customers or clients at the workplace are unable to meet the requirements of subclause (1) in relation to an activity, the activity is prohibited.

(5)

A food and drink business or service must have systems and processes in place to ensure that—

(a)

there is at least a 1-metre separation between customers and clients seated at adjacent tables; and

(b)

the requirements of subclauses (1) and (4) are met.

(6)

A breach of subclause (1) or (4) is a medium risk infringement offence for the purposes of section 26(3) of the Act.

Compare: LI 2021/263 cl 38, Schedule 6 item 20

Clause 69(3)(b): revoked, at 11.59 pm on 23 December 2021, by clause 21 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 69(3)(c): revoked, at 11.59 pm on 23 December 2021, by clause 21 of the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 3) 2021 (SL 2021/426).

Clause 69(6): amended, on 4 December 2021, by clause 28 of the COVID-19 Public Health Response (Protection Framework) Amendment Order 2021 (SL 2021/388).