Coronavirus Regulations: What powers do local authorities have?

Please note, since publication, these regulations have been repealed.

The continuing COVID-19 (coronavirus) outbreak is affecting UK businesses in all sectors. A significant number of legislative and regulatory changes have been made to manage the crisis and it has been difficult for organisations to keep up, particularly as they also struggle to manage financial and personnel challenges.

One such change is the Health Protection (Coronavirus, Restrictions (England) Regulations 2020), which were introduced on 26th March. They impose a series of restrictions and requirements on businesses and members of the public that seek to slow the spread of the virus.

The measures imposed by the regulations are temporary and must be reviewed by the Secretary of State at least once every 21 days, meaning some restrictions may be lifted before others. The regulations will expire at the end of six months from the date they came into force.

The team at the Environment Practice has examined these regulations in detail and highlighted the key points to be drawn from them.

Enforcement powers of local authorities under the regulations

The regulations give specified enforcement powers to ‘a relevant person’. The definition of a relevant person differs according to which regulation is being enforced. A relevant person is defined under regulation 8 as a constable, a police community support officer, a person designated by a local authority in relation to enforcement requirements under regulations 4 and 5 or a person designated by the Secretary of State for the purposes of this regulation.

Local authorities, then, may only exercise enforcement powers in relation to regulations 4 and 5, which are the regulations imposing requirements and restrictions on businesses. The Secretary of State has also given local authorities the power to prosecute offenders where it is necessary and proportionate to do so.

Regulation 4: Requirement to close premises and businesses during the emergency period

This regulation stipulates that businesses serving food including restaurants, cafes and workplace canteens (with some exceptions, including hospitals, care homes, schools, prisons and military canteens), bars and pubs must close the premises or any part of the premises where food and drink is to be consumed. The complete list of businesses affected are listed in Schedule 2, Part 1 of the regulations. These businesses can still prepare food for takeout, but no food is to be consumed on the premises.

Regulation 4 also mandates that certain businesses must remain closed for the duration of the emergency period. Schedule 2 part 2 of the regulations contains a list of the businesses which fall into this category. This includes cinemas, theatres, bingo and concert halls, museums, galleries, casinos, betting shops, hair, nail and beauty salons, gyms, playgrounds, skating rinks, tattoo parlours and a number of other businesses.

Regulation 5: Further restrictions and closures during the emergency period

Regulation 5 mandates that any a person responsible for carrying on a business offering goods for sale or for hire in a shop, or providing a library service, other than those specified in Schedule 2 Part 3, must cease to carry on that business during the emergency period, except by making deliveries or providing services in response to orders received though a website, online communication, telephone, text or by post.

Certain businesses are excluded from this requirement and these are listed in Schedule 2 Part 3. These include food retailers, off licences, pharmacies and chemists, newsagents, homeware, building supplies and hardware stores, petrol stations, car repair and MOT services, bicycle shops, taxi and vehicle hire businesses, banks, building societies, credit unions, short term loan providers, cash points, post offices, funeral directors, launderettes, dry cleaners, dental services, opticians, medical or health services vets and pet shops. Any business other those in Schedule 2 Part 3 must close any premises which are not required to carry out deliveries etc. and must not allow anyone on the premises who is not required to carry out deliveries or services permitted.

Regulation 5 also places restrictions on those businesses providing holiday accommodation These businesses must cease operations during the emergency period with some specified exceptions.

Enforcement options

The Secretary of State has authorised local authorities to take such action as is necessary to enforce regulations 4 and 5. Local authorities can issue a prohibition notice to a person they reasonably believe has contravened regulation 4 or 5 if it is reasonable and proportionate to do so.

The purpose of the prohibition notice is to stop the contravention. However, the regulations also include a deterrent for contraventions of regulations 4 and 5 by making breaches of these regulations a criminal offence. Any such contravention is punishable by a fine on summary conviction.

Alternatively, local authorities may issue a fixed penalty notice to anyone over the age of 18 where they reasonably believe that this person has committed an offence under the regulations. The FPN must be issued to the person responsible for carrying on a business or providing a service.

There are further sanctions for those who do not comply with a prohibition notice. Non-compliance with a prohibition notice is a criminal offence and is punishable on summary conviction by a fine. Furthermore, if the offence committed by a body corporate is proved to have been committed with the consent or connivance of an officer of the body (director, manager, secretary or other similar officer) or is proved to be attributable to any neglect on the part of such an officer, the officer as well as the body corporate is guilty of the offence and liable to be prosecuted. Alternatively, a fixed penalty notice may be issued for the offence. It should be noted that it is also a criminal offence to obstruct any person carrying out a function under the Regulations. Obstruction is punishable by a fine on summary conviction or a fixed penalty notice.