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March 2020 Ministry of Housing, Communities and Local Government FURTHER BUSINESSES AND PREMISES TO CLOSE As a country, we all need to do what we can to reduce the spread of coronavirus. That is why the government has given clear guidance on self-isolation, staying at home and away from others, and asked that schools only remain open for those children who absolutely need to attend. On 23 March the Government, stepped up measures to prevent the spread of coronavirus and save lives. All non-essential premises must now close. Takeaway and delivery services may remain open and operational in line with guidance on Friday 20 March. Online retail is still open and encouraged and postal and delivery service will run as normal. Fraud Solicitors London Retail and public premises which we expect to remain open must:
These premises and other venues must close as they involve prolonged close social contact, which increases the chances of infection spreading. Criminal Solicitors London Takeaway and delivery facilities should remain open and operational. This means people can continue to enter premises to access takeaway services, including delivery drivers. Planning regulation will be changed to enable restaurants, cafes and pubs which do not currently offer delivery and hot food takeaway to do so. This will be clearly communicated by the government when in effect. People must not consumer food or drinks on site at restaurants, cafes or pubs whilst waiting for takeaway food, Those venues offering takeaway or delivery services must not include alcoholic beverages in this list if their license does not already permit. Length of closure We are asking the businesses and premises and other venues outlined above not to open for trade from close of trade 23 March 2020. The Government will look again at these measures in three weeks, and relax them if the evidence shows this is possible. Compliance Everyone is instructed to comply with the rules issued by the government in relation to coronavirus, in order to protect both themselves and others. As of 2pm on 21 March 2020, closures on the original list from 20th March are now enforceable by law in England and Wales due to the threat to public health. The government will extend the law and enforcement powers to include the new list of premises for closure. Further measures on enforcement could be taken following the passage of the Coronavirus Bill through parliament. A business operating in contravention of the Health Protection (Coronavirus, Business Closures) Regulations 2020 will be committing an offence. As agreed with the devolved administrations, these measures will be extended to Scotland and Northern Ireland by Ministerial Direction once the Coronavirus Bill is in force. Environmental Health and Trading Standards officers will monitor compliance with these regulations, with police support provided if appropriate. Businesses and premises that breach them will be subject to prohibition notices, and potentially unlimited fines. Financial Support Her Majesty’s Treasury also announced on 20 March 2020 a comprehensive series of measures supporting wages, cash-flow for businesses, and the welfare system. Business support In England, under the Retail, Hospitality and Leisure Grant (RHLG) announced on Monday March 16, businesses and premises in England in the retail, hospitality and leisure sectors will be eligible for cash grants of up to £25,000 per property. Eligible businesses in these sectors with a property that has a rateable value of up to £15,000 will receive a grant of £10,000. Eligible businesses and premises in these sectors with a property that has a rateable value of between £15,001 and £51,000 will receive a grant of £25,000. Businesses with a rateable value of over £51,000 are not included in this scheme. For more information please visit gov.uk. Business rates In England, as announced on Monday 16 March, the government will provide a business rates holiday for businesses and premises in the retail, hospitality and/or leisure sector. This includes the businesses and premises in scope for closure listed above. This will apply automatically to your next business rates bill in April 2020. For more information please visit gov.uk. Further information This guidance will be updated regularly as the situation develops. For information about support for business, please go to the Government’s Business Support webpage or visit gov.uk. March 2020 Ministry of Housing, Communities and Local Government What is the penalty if businesses defy the law? An unlimited fine can be imposed on the business and any officer of the company who has consented or connived etc. so keeping the business open (regulation 3). There are, however, other powers available to local authorities who are in charge of policing compliance with these regulations. Businesses that breach them will be subject to prohibition notices, and potentially unlimited fines. As a further measure, and if needed, businesses that fail to comply could also face the loss of their alcohol license. More draconian powers are also available under the Public Health (Control of Disease) Act 1984, and further powers will soon be law when the Coronavirus Bill becomes law. In some cases, injunctive relief may be granted, the breach of which could be punished by up to 2 years imprisonment. There are also reputational issues that need to be considered. We can advise on all aspects of criminal and regulatory law, if any business is uncertain as to its legal obligations during this worrying time, please do not hesitate to get in touch with us. How can we help? If you need specialist advice, then get in touch with Ashmans Solicitors and let us help. We can advise on a plea, defences and potential sentences in a wide range of circumstances. Ashmans Solicitors Comments are closed.
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