The ‘track and trace’ programme is part of the government’s plan to slow the spread of Covid-19. It’s designed to make sure those who have been in close proximity with someone who has tested positive for the virus can be contacted and given advice to follow. Until recently, the government recommended hospitality businesses to collect certain customer information. From 17 September however, this became a legal requirement.
A new set of regulations came into force requiring hospitality businesses to collect certain customer information as part of the colloquially known “track and trace” programme. This legal requirement will ensure NHS Test and Trace and local public health officials have all the information they need to contact people and provide appropriate public health advice with an aim to trace and stop the spread of coronavirus.
If you run a hospitality business, you are required to collect information from the following people:
However, you don’t need to collect information from these people:
From Thursday 24 September, you must display or make available a QR code to record when customers and staff are on your premises. It should be at the entrance of your premises and people who visit your business can scan the code with a smartphone to record their entry and exit.
We recommend that you have your QR code in place as soon as possible to avoid having to collate information manually, which would create a bottle neck at the entrance of your venue. Read more about how to create your own QR code for your venue.
Not everyone will have the ability to scan a QR code. They might not have a smartphone or one with the right technology. In these circumstances, the following rules apply:
If an individual has not scanned the QR code, you must ask them to provide their details (these are set out below)
The current guidance says you can collect details of only one member of a group, but from Thursday 24 September, you must capture the details of each member of the group
You need to collect this information:
You may have organised your operations so that a customer is only likely to come in contact with one member of staff. For example, they are met at the entrance by their waiter/waitress who will have sole responsibility for their table during their visit. In these situations, you must record the name of that member of staff together with the name of the customer/customers.
It can take some time for Covid-19 symptoms to show, which is why you have to keep hold of the information you’ve gathered for a period of 21 days. After this time, it’s vital you destroy these details as soon as is reasonably practicable to help protect this personal information.
It may feel uncomfortable, but if someone won’t provide the information above (or provides inaccurate or incomplete information), you must refuse their entry. We suggest you record this information in the same way you might record the refusal to sell alcohol.
A breach of these regulations may result in prosecution or in a fixed penalty fine being imposed. These start at £100 for the first offence (reduced to £50 if paid within 14 days). The fine doubles for each subsequent offence up to a maximum of £3,200. These regulations will remain in force until 24 September 2021, with a review on the 24 March 2021.
It may take time for customers to come to terms with the new requirements (particularly where they are in a group. We believe the sooner you have a QR code in place on your premises, the easier it will be for you – and your customers – to comply. It’s vital you understand and follow these rules, so do contact us if you’d like any more guidance.
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