Special Licensing Standards December Newsletter – Update on Vaccine Certification & Introduction of Lateral Flow Tests
Vaccine Certification & Lateral Flow Tests
From 6th December as part of the Vaccine Certification Scheme a negative Lateral Flow Test (taken within the preceding 24 hours) will be acceptable to prove Covid-19 free when wishing to enter 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 an updated Q&A section where most queries are answered.
The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 4) Regulations 2021 detail the updated legal requirements of the Scheme.
Vaccine Certification - Checks & 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&Q) states, that:
“It is for operators to determine the best approach to compliance with COVID certification, which may vary depending on the type of late night premises. There is no requirement in the regulations for those checking vaccine certificates/records of negative test results/evidence of exemption to be industry accredited security personnel (hold an SIA license), but if checking is being carried out by door staff with a role of `manned guarding of licensed premises` 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.”
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.
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.