Licensing Standards Monthly Newsletter - October 2021

As you would expect the main topic in the Newsletter this month is the introduction of the Vaccine Certification Scheme, which will affect late night premises and certain events.

‘Vaccine Certification’

On 1st October the Vaccine Certification Scheme was introduced for entry to certain venues such as nightclubs and other late night premises; adult entertainment venues; unseated indoor live events with more than 500 people in the audience; unseated outdoor live events with more than 4000 people in the audience; and any event of any nature which has more than 10000 people in attendance.

The above guidance document contains a Q&A section where most queries are answered.

The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 detail the legal requirements of the Scheme.

‘Vaccine Certification’ - Checks and SIA Accredited Door Stewarding

Recently there has been discussion on Social media indicating that SIA accredited Door Stewards may be required where checks are being carried out.  The Vaccine Certification guidance document (in the Q&A) states, that:

“It is for operators to determine the best approach to compliance with Vaccine Certification, which may vary depending on the type of late night premises.  There is no requirement in the regulations for those checking vaccine certificates to be industry accredited security personnel (hold an SIA licence), but if checking is being carried out by door staff (manned guarding of licensed premises) and the task of refusing entry to anyone would fall to the person carrying out the checks then an SIA license would be required. Operators should also check the terms of their insurance arrangements where there may be a requirement for staff in certain roles i.e. door staff, to be industry accredited security personnel.”

Vaccine Certification’ - Toolkit for Businesses and Event Organisers

The Scottish Government has published The Covid-19 Toolkit for Businesses and Event Organisers which has been published to support changes to regulations. This toolkit is aimed to help staff/volunteers who are conducting inspections or checks. It will continue to be updated, as required, to improve usability and efficacy.

‘Domestic Certification Scheme’ – Stakeholder Marketing and Communications Toolkit

In conjunction with the rollout of the Vaccine Certification Scheme above on 1st October, this Toolkit aims to give context to the Scottish Government’s Domestic Certification Information Campaign.  It contains a number of assets which venues / events can use to help inform their customers that proof of their vaccination status will be required to gain entry and encourage the download of the NHS Scotland Covid Status app.  Contained in the Toolkit are -

A3 & A4 generic posters that can be used at venues / events

A3 & A4 promotional posters for certification that can be used in locations such as universities and colleges

Email copy

Social copy + static images (jpegs)

Privacy Notice related to the NHS Scotland Covid Checker app

Covid-19 and Ventilation

Ventilation is an important control measure for reducing the risk of airborne transmission of SARS-CoV-2 in premises. HSE Guidance states employers have a duty under regulation 6 of the Workplace (Health, Safety and Welfare) Regulations 1992 to provide an adequate supply of fresh air in all enclosed parts of workplaces. HSE have published extensive guidance on ventilation and air conditioning, including in vehicles (updated 08/09/2021).

For further information and assistance please contact our Environmental Health colleagues.

Collecting Customer Contact Details Remains High Priority

Collecting customer contact details remains a legal obligation for hospitality premises, and it is important that both premises and individuals co-operate with this requirement, as it is crucial to national efforts to suppress the virus. This measure forms part of enabling hospitality businesses to open safely, minimising the risk of the number of infections increasing, and reduce the risk of requiring future restrictions.

This guidance applies to any hospitality establishment that provides an on-site service such as pubs, restaurants and cafes. It includes where a service is provided indoors, or outdoors in a designated service area such as a beer garden. As of 09 August 2021, it also applies to nightclubs, dance halls, discotheques and sexual entertainment venues.

It does not, however, apply where services are taken off-site immediately, for example, a food outlet which only provides takeaways. If a business offers a mixture of a sit-in and takeaway service, contact information only needs to be collected for customers who are sitting in.

Face Coverings

Face coverings in Scotland - by law you must still wear one in most indoor public places in Scotland, even if you have been vaccinated. Some exemptions apply.

Food Standards Scotland – Prepacked Food for Direct Sale

Information for businesses who sell food that is prepacked for direct sale to consumers- new legislation, which will require food businesses in Scotland to include the product name and full ingredient information on food sold prepacked for direct sale (PPDS), comes into force on 1 October 2021 in Scotland and the rest of the UK. The new legislation will improve information about allergens and other ingredients in food packed in advance, mainly at the same place where it’s sold, before being offered to consumers.

Continuation of Planning Relaxation for Temporary Outdoor Structures

The ‘Grace Period for outdoor areas continues until 31st March 2022 - the letter contained in the link refers to Building Standards only.  There has been no update as yet from Planning.  It is recommended that licensees who currently have temporary structures erected in their outdoor areas take note and consider taking steps to make application if looking to retain structures beyond the deadline date above.

For further information or advice please contact the Councils Planning & Building Standards team on 01546-605518

Testing

Getting tested  is key to stopping Covid-19, even if you have been vaccinated.  To find out how to get tested if you have symptoms or if you don’t, NHS Highland has created a quick guide as to which test to take.

Scottish Business Resilience Centre (SBRC) - App Launched

In an effort to provide further advice and support for businesses to do everything they can to stay safe – online and offline, The SBRC has launched a new app, and through targeted push notifications, businesses that download the app, will be informed of credible threats to their operations including cyber threats, traffic, and protestor activity, and be given accurate sector-specific guidance within minutes.

Local News – from Argyll and Bute Council’s weekly news round-up

Licensing Board meetings dates 2022: including cut-off dates for applications.

Fireworks Code: it’s now illegal to set off fireworks before 6pm and after 11pm, extending to midnight on 5 November and 1am on Hogmanay, Chinese New Year and Diwali. Stay safe on 5th November.

Getting vaccinated against Covid-19: find out more about getting vaccinated in Argyll and Bute.

Lateral Flow Test kits: can be collected from community pharmacies and local test sites, or ordered online. NHS Highland has created a quick guide as to which test to take.

Community Councils: Your views are invited on proposals to allow community council meetings to be held remotely, and to be held by combination of remote and in person attendance.

Contact

Any questions? You can contact licensing standards or the Licensing Board team for further information.

Legal

The Licensing Standards service does not provide legal advice or opinion and the above information should not be considered such.  Any legal advice or opinion on licensing matters should be obtained from a licensing solicitor.