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Leisure businesses: the new track and trace regulations

Leisure businesses: the new track and trace regulations

18th September 2020 - Published by Licensing team

Track and Trace Regulations

Less than 12 hours before hospitality businesses are to be mandated by law to collect contact details from customers to assist the NHS Test and Trace programme, the regulations have been issued.

Until now, the requirement to gather contact information took the form of guidance rather than law, and operators were required only to obtain the details of the lead booker or one member of a group.

As of 18 September, premises are required to implement a number of measures or risk prosecution.

They include:

  • Requesting contact details of every customer who enters the premises (unless exempt due to disability or those under the age of 16)
  • Contact details comprise a name and telephone number.  If no telephone number is available, then an email address must be sought, and if no email address then a postal address is required.
  • The date and time of the visit.
  • By 24 September, provide a QR code to be scanned, once the NHS Test and Trace app has been launched, in place of recording contact details by other means.
  • Contact details must be retained for 21 days and then destroyed.
  • Contact details must be provided if requested by the Sec of State.

If customers refuse to provide that information, the premises must not allow them entry.

Breaches of Regulations

Breaches of the regulations are punishable by way of a fine or a Fixed Penalty Notice, beginning at £500 and rising to £1000 if not paid within 14 days.  Continued non-payment causes the amount to further increase up to a maximum of £4000.

These regulations apply not just to hospitality venues, but also hairdressers, beauty salons, village halls, gyms and leisure centres and many other premises.

In addition to the above Regulations, a further set have also been issued (“The Obligations of Hospitality Undertakings” Regs), which also take effect from 18 September.

These too make it a criminal offence if operators fail to take all reasonable measures to ensure:

  • No bookings for more than 6 people are accepted (unless all members are of the same household/support bubble)
  • Groups of more than 6 are not admitted (unless all members are of the same household/support bubble)
  • There is no ‘mingling’ between groups
  • That tables are spaced either 1m+ or 2m apart

As above, breaches are punishable by way of a fine or Fixed Penalty Notice on the same scale.

Whilst not lengthy, the regulations place brand new obligations on businesses with almost no notice.  Turning what was merely guidance into law is a step change and operators need to become familiar with their new responsibilities straightaway.

Data Protection

All data collected for test and trace purposes will need to be collected and held in compliance with data protection laws. Please see our previous article on track and trace compliance for hospitality operators for further information.

Get in touch with a licensing solicitor in Manchester

To discuss how your businesses can implement the new regulations speak to Felicity Tulloch on 0161 838 7804 or email


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