What does closing at 10:00pm actually mean?

As with many of the new rules that are being implemented by both the UK and devolved governments, they tend to raise more questions than answers and many businesses are left confused about exactly how to implement them effectively, whilst complying with the law and equally importantly make money.

An excellent recent Q & A session with the Chief Executive of the Scottish Tourism Alliance went some way to answer these questions.

Q: Do I need to close my doors at 22:00 or can I call last orders at 22:00?

A: Your premises will need to be closed by 22:00. Last orders will therefore need to be called at an appropriate time to allow service, customers to eat/drink up and to depart the premises to ensure doors are closed by 22:00

Q: I run a hotel, can I serve residents after 22:00?

A: Bar and restaurant services must close at 22:00 so it will not be possible to serve residents in these settings after this time doors are closed by 22:00

Q: Under normal and current licensing conditions drinking/eating up time (15 minutes or 30 minutes where drink is consumed with food) is permitted after the terminal hour – why isn’t this being accommodated with these changes?

A: These are not normal times and the objective is to reduce the risk of transmission by reducign ghe amount of time people spend in hospitality settings. These measures are not what the governments want but are required in the interest of public haealth, so unfortunatley it is nessesary to insist premesise are closed by 22:00

I run a Hotel are there any different rules?

Q: I run a hotel, can I provide room service after 22:00?

A: Yes, room service is still permitted after 22:00

Q: Does the 22:00 limit apply to non-food / beverage service areas of a hotel – e.g. front hall, lounge?

A: No, the new restrictions apply to the hospitality spaces i.e. the bar and restaurant. If the lounge is providing hospitality services i.e. food and drink, then this will also need to end at 22:00.

Table service only

Q: Table service only was required under statutory guidance, what difference does this change make?

A: There should be no real difference to way your premises operates as under statutory guidance you will already be providing table service only. The key difference is it is now required by law under regulations that you do this and direct action can be taken if you fail to comply with this requirement.

Limit for meeting others

Q: What are the new restrictions on meeting people at home?

A: Do not meet people from any other households in your home or another person’s home socially, unless they are in your extended household
These rules also apply to children. Children whose parents do not live in the same household can move between homes, as can non-cohabiting couples

Very limited exemptions apply for childcare, and for tradespeople

Q: Does this extend to hospitality?

A: No, in hospitality a maximum of 6 people from 2 households can still meet, with children under 12 exempt

Q: What do I need to do as a business to ensure this rule is being followed properly?

A: This is a legal requirement and every individual must follow the rules. As a business you should ensure your booking system is arranged so that it does not accept bookings that exceed these numbers. A simple step is to ensure staff who are taking calls for bookings are asking the right questions, including – is everyone from not more than 2 households? Are there any children under 12 from the same 2 households as these do not count towards the 6? Businesses should not accept bookings from groups that are clearly exceeding the limit.

Q: Can I take a booking for a birthday party where children from multiple households who are all under 12 will be there given they are exempt?

A: No, children under 12 are exempt from the maximum of 6 number but not from the maximum of 2 households – it must always be no more than 2 households regardless of the number of children under 12.

Q: I have forward bookings for groups of more than 6 people from 2 different households – what should I do?

A: It is the responsibility of individuals in the first instance to ensure they are following the rules so those who have made the booking should be in touch to discuss alternatives. If not you should review your bookings and where necessary make contact to discuss alternatives. This may mean a cancellation but may also be a rebooking for numbers that comply with the new rules. This will avoid difficult situations on arrival if no action has been taken as it will not be possible to accommodate groups who present for service who are above the limits.

Limits on households in self-catering accommodation

Q: I know that the restrictions on household gatherings have changed from a maximum of 6 people from 2 different households, with children under 12 exempt. Households are no longer to permitted to meet with other households in private homes. How does this affect me as a accommodation provider?

A: Self-catering holiday accommodation is within the definition of a private dwelling for the purpose of these regulations and from 25 September all types of self-catering accommodation may only be used by a single household (or recognised extended household). The one household per house rule applies to all properties regardless of size and location. The one household rule per self-catering premises is now a legal requirement and every individual must follow the rules.

Q: I run a hotel, guest house, boarding house/bed and breakfast. What does the new regulations mean for me i.e. can two unrelated people (eg travelling workmen) share a twin room?

A: Hotels, guest houses, boarding houses and bed and breakfasts are excluded from the definition of private dwellings, and may continue to accommodate groups of up to six from no more than two households. There should be no sharing of rooms between members of different households, and there must be provision for physical distancing with separate households within a group, as well as between groups. This also applies in byunk houses and other forms of hotel accommodation. There should be no unregulated mixing between households, and any shared space (for example a kitchen/lounge that might previously have operated on a shared basis).

Q: I have self-catering forward bookings, for two households to stay together in my property, what should I do?

A: It is the responsibility of individuals in the first instance to ensure they are following the rules so those who have made the booking should be in touch to discuss alternatives. If not you should review your bookings and where necessary make contact to discuss alternatives. This may mean a cancellation but may also mean retaining the booking, so only a single household comes, in order to comply with the new rules. You should proactively check forward bookings to avoid difficult situations on arrival if no action has been taken, as it will not be possible to accommodate groups of more than one household (or one extended household). As a business you should ensure your booking system is arranged so that it does not accept bookings that exceed these numbers. A simple step is to ensure staff who are taking calls for bookings are asking the right questions, including – is everyone from not more than 1 household? Businesses should not accept bookings from groups that are clearly exceeding the limit.

Q: Due to the fact that only one household can come my clients now wish to cancel their booking. What should I do?

A: We continue to expect the industry to abide by the standards of good practice we have seen so far through the pandemic, and follow the CMA guidance with regard to refunds, cancellations, and rescheduling. In line with CMA guidance, a full refund should be offered to customers who booked holiday homes but could not stay in them due to lockdown restrictions. The Scottish Government recognises the difficult position that many holiday companies will find themselves in at present. The regulation of consumer protection is the responsibility of the UK Government at Westminster. The Competition and Markets Authority have issued guidance to businesses and consumers about refunds.

Q: My booking is from visitors from England/elsewhere, where the rules are different? Which rules should they abide by?

A: All families, taking a self-catering holiday in Scotland, whatever their place of origin would have to abide by the one household per house rule.

Q: What if people travelling from Scotland are going to stay in self-catering accommodation in England?

A: Scottish people going to holiday in England, would fall under English regulations, and this is the case for other UK nations and overseas, however where these rules are different from Scotland consideration, people are urged to think hard about the public health implications, and if travelling outside the UK, the potential quarantine implications.

Q: Can two families stay in adjacent self-catering properties?

A: Yes, two families could stay in two adjacent self-catering cottages as these are two houses.

Q: If I have two families arrived yesterday in my self-catering cottage do I need to send them home?

A: If people arrived to self-catering prior to the regulations coming into force, you do not need to send them home immediately if they are two families – just use common sense, and urge them to be careful. All future bookings must comply with regulations.

Q: If I am a self-catering operator and offer to give breakfast, could I then have two households?

A: No, not if this is in one house. It should be one household. This would clearly be a contrivance to circumvent the rules. It is a legal requirement to follow the rules. We expect this to happen and people to be sensible.