14 April 2020

Council enforces business restrictions during Covid-19 lockdown

In agreement with Police Scotland and HSE, Aberdeenshire Council has confirmed it will be enforcing restrictions on business operations during the Covid-19 lockdown.

These restrictions will be enforced by council officers in Trading Standards and Environmental Health. Businesses identified to be in breach of the Regulations shall be based on the “4 E’s” process: Engagement, Explanation, Encouragement, and only as a last resort, Enforcement.

A Prohibition Notice will be issued by the Council to any business that fails to comply with the restrictions placed on their operation voluntarily. Aberdeenshire Council is working with other local authorities to ensure the regulations can be applied consistently.

Police Scotland will also continue to enforce restrictions on movement and gatherings.

Cllr Jim Gifford, Leader of Aberdeenshire Council, said: “As the lockdown continues into its fourth week, the Council implores businesses to follow Government Regulations and restrict their operating hours if necessary. While we would prefer not to issue prohibition notices, we will not hesitate to take appropriate action in the interest of public health and safety.

Thank you to all individuals and businesses who have demonstrated their patience and complied with the Government guidelines during this ongoing crisis. I would also like to commend the remarkable efforts of all the frontline staff who are working diligently to deliver our essential services.”

The Government has not required all businesses to shut but have advised that “All businesses that are not required by law to close should look critically at their role and operations.”

Only some non-essential shops and public venues have been told to close. These have been listed under The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020. This places restrictions on business operations, as well as movements and gatherings.  Below is a list of the businesses that must close.

Where businesses or organisations continue to operate, employees should be encouraged to work from home unless it is impossible for them to do so. As not everyone can work from home: certain jobs require people to travel to, from and for their work – for instance to operate machinery, work in construction or manufacturing, or to deliver front line services.

Where businesses stay open, they must:

• take all reasonable steps to ensure a distance of two metres is maintained between any person on the premises except by members of the same household or by carers and the person in receipt of the care (i.e. ‘social distancing’ measures);
• take all reasonable steps to ensure it only admits sufficiently small numbers of persons to be able to maintain social distancing measures in the premises;
• take all reasonable steps to ensure that social distancing measures are maintained by any persons waiting to enter its premises.

The closure will last until the expiry of the Regulations, or until direction is given by Scottish Ministers.

The email address for reporting concerns or to seek advice is environmental@aberdeenshire.gov.uk

ENDS

Notes:

Businesses that must close are as follows:

• Restaurants, including restaurants and dining rooms in hotels or members’ clubs. Businesses can still sell take-away food.
• Cafes, including workplace canteens but not including—(a)cafes or canteens at a hospital, care home or school, (b)canteens at a prison or an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence, (c)services providing food or drink to the homeless.  Workplace canteens may remain open where—(a)there is no practical alternative for staff at that workplace to obtain food, and (b)so far as reasonably possible, a distance of two metres can be maintained between any person using the canteen.
• Bars, including bars in hotels or members’ clubs.
• Public houses.
• Cinemas.
• Theatres.
• Nightclubs.
• Bingo halls.
• Concert halls.
• Museums and galleries.
• Casinos.
• Betting shops.
• Spas.
• Nail, beauty, hair salons and barbers.
• Massage parlours.
• Tattoo and piercing parlours.
• Skating rinks.
• Indoor fitness studios, gyms, swimming pools, bowling alleys, amusement arcades or soft play areas or other indoor leisure centres or facilities.
• Funfairs (whether outdoors or indoors).
• Playgrounds, sports courts and outdoor gyms.Outdoor markets (except for stalls selling food).
• Car showrooms.
• Auction houses.
• Holiday accommodation must cease except where: a) the business is providing accommodation to a person who can’t return to their main residence, uses the accommodation as their main residence, needs the accommodation while moving home, or needs the accommodation to attend a funeral; b) to provide accommodation or support services for the homeless;  c) to host blood donation sessions; d) for any purpose requested by the Scottish Ministers or a local authority.
• Places of worship must close except for funerals, to broadcast services or acts of worship or where providing essential voluntary activities or urgent public support services (for example, food banks, blood donor sessions etc.). If places of worship do remain open for one of these reasons they must maintain social distancing measures.
• Community centres must close except where providing an essential voluntary activities or urgent public support services.  If community centres do remain open for one of these reasons they must maintain social distancing measures.

  Burial authorities

  The Regulations do not require burial grounds to close to the public. Public access to burial grounds, where that is normally permitted by the burial authority, can continue. Access remains at the discretion of the burial authority.