On Friday 30 October 2020 the Scottish Government published new regulations and guidance which underpin their new Strategic Framework.
The Strategic Framework is based on 5 levels. Understanding what the implications are for your hospitality business, within each of the levels, (numbered 0-4) while challenging is nonetheless vital. We are here to help.
Firstly, you must check and keep under review which level the Government has assigned to the local authority area in which your business operates. Further information can be found here. Reviews of assigned levels will be carried out weekly by Government - so things can change fast.
Quick links:
Levels and their restrictions
Is there anything common across all levels?
Yes - across all levels hospitality businesses must:
- Operate table service
- Follow the rules on staff and customers wearing face coverings indoors
- Take and maintain test and protect details
- Maintain social distancing
- Observe maximum group size and household limits
Beyond the above, the level assigned will impact which businesses can operate, the times of operation, the customer group sizes permitted, the breadth of service that can be offered indoors and outdoors, and whether / under what circumstances alcohol can be sold and consumed.
Below we will summarise the key restrictions for food hospitality businesses at each level. This does not constitute exhaustive or tailored legal advice and you should contact us to discuss your individual circumstances. If you operate a niche leisure business e.g. crazy golf, you should take specific legal advice as not every activity is expressly covered in the regulations.
Level 0
|
Businesses prohibited from operating
|
|
|
Operating times |
|
|
Alcohol service |
|
|
Group size outdoors |
|
|
Group size indoors |
|
|
Weddings, civil partnerships & funerals |
|
Level 0 is the closest the Government is prepared to permit life and socialising to return to pre-Covid levels
Level 1
|
Businesses prohibited from operating
|
|
|
Operating times |
|
|
Alcohol service |
|
|
Group size outdoors |
|
|
Group size indoors |
|
|
Weddings, civil partnerships & funerals |
|
Level 1 sees greater restrictions on group size, household numbers and a curfew introduced.
Level 2
|
Businesses prohibited from operating
|
|
|
Operating times |
|
|
Alcohol service |
|
|
Group size outdoors |
|
|
Group size indoors |
|
|
Weddings, civil partnerships & funerals |
|
Level 2 sees a significant rise in the number of prohibited businesses. Group sizes and household numbers are restricted. The curfew has come forward. For bars, pubs and restaurants the most notable change is the requirement to only sell alcohol with a main meal indoors. A drinks-only public house now must close. The definition is 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. Alcohol service outdoors need not be with food.
Level 3
|
Businesses prohibited from operating
|
|
|
Operating times |
|
|
Alcohol service |
|
|
Group size outdoors |
|
|
Group size indoors |
|
|
Weddings, civil partnerships & funerals |
|
Level 3 means that premises are prohibited from selling alcohol inside and outside and the curfew sees an end to evening service.
Level 4
|
Businesses prohibited from operating
|
|
|
Operating times |
|
|
Alcohol service |
|
|
Group size outdoors |
|
|
Group size indoors |
|
|
Weddings, civil partnerships & funerals |
|
Level 4 is akin to a full lockdown for hospitality with the exception of catering for weddings, civil partnerships and funerals.
Key terms
Table meals
The requirement for a table meal to be served is key to Levels 2 and 3. A table meal is defined as a meal that is:
- prepared on the premises; and
- is one that would “…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.”
The Government’s FAQs go to advise that they would expect a main meal to be more than a “mere snack”. Various matters are outlined as relevant considerations when deciding if a meal passes this test:
- Is it eaten with cutlery?
- Substantially filled sandwich or panini served with a side such as salad or chips are likely to be a meal.
- Crisps, nuts, and bar snacks are not meals.
From a licensing perspective, your premises licence must authorise either bar meals or restaurant facilities, check the operating plan. In the absence of this permission, then you are unable to offer meals. Furthermore, it goes without saying that the premises needs to be registered as a food business with the local authority and have the relevant certificates in place.
Drinks-only public house
Under levels 2, 3, and 4 drinks-only public houses are not permitted to open. This means any premises which does not have on its premises facilities to allow the preparation and service of a meal that would fall into the definition of a table meal (see above). While the detail is open to debate, this would appear to cover premises where the premises licence authorities neither bar meals nor restaurant facilities.
Other resources
The Scottish Government has produced FAQs for the hospitality industry and TLT will be providing bulletins exploring the issues in specific levels and for individual businesses such as hotels in due course.
Further information in relation to weddings, civil partnerships, and funerals can be found here.
Get in touch
Related insights & events
View all
Hot topics
Retail Agility
The way people shop is constantly evolving, from the growth of online and the changing use of stores...
Read more
Transforming the leisure sector
The pandemic has had a deep and long-lasting effect on the leisure, food & drink sector, forcing operators to embrace new ways of attracting and servicing customers.
Read more
Evolving cities
The pandemic has forced the majority of the workforce into a world of remote working. As a result, our cities are evolving.
Read more
The countdown to Brexit and beyond podcast
Our countdown to Brexit and beyond podcast series looks at the impact for businesses on both sides of the pond of any free trade agreement between the UK and Europe and the UK and the US. This
Read more
Purple Pound
There's a growing demand for retailers to do more to attract the Purple Pound – the collective spending power of disabled shoppers, estimated to be worth around £274bn. We look at the opportunities, the legal issues and...
Read more
Brexit: transition & beyond
Helping you navigate your business through the risks and opportunities that Brexit will bring.
Read more
Green finance
Green finance is gaining speed, driven by global climate change pressures and the recognition of the vital role which sustainability plays in a resilient financial services sector.
Read more
Employment Law Focus Podcast
Keep on top of the employment law issues that matter most to you and your business with our new podcast.
Read more
Fit for the future
As businesses adjust to new ways of working and plan for an uncertain future, we keep track of the emerging legal and regulatory issues.
Read more
Coronavirus
Keeping you up to date with the latest guidance on regulatory change and legal impact of the coronavirus pandemic.
Read moreRelated services
Licensing
Supporting events and venues from hotels and pubs to major music festivals on all their licensing requirements.
Read more