SOCIAL DISTANCING RULES

LEGISLATION

SOCIAL DISTANCING: THE RULES FOR RETAILERS

THE SCOTTISH GOVERNMENT HAS RECENTLY CONFIRMED AND EXTENDED ITS RULES AROUND SOCIAL DISTANCING. MICHAEL MCDOUGALL OF TLT SOLICITORS OFFERS A CLEAR GUIDE TO WHAT THIS MEANS FOR LOCAL RETAILERS.

Michael McDougall, Associate, TLT Solicitors

Social distancing is one of the government’s key measures in keeping people safe during the Covid-19 emergency. The Scottish Government and health advisory bodies have been absolutely clear that making sure that people remain two metres apart at all times is crucial to reduce the spread of coronavirus and therefore protect public health and the NHS.

The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 were introduced on 27 March 2020, which every business that remains open needs to be familiar with both now and as and when they are reviewed and amended.

The regulations originally mandated that businesses that remain open to the public (such as food retailers, petrol stations and so on) must implement reasonable measures to:

Make sure that a distance of two metres is maintained between any persons on the premises

Limit the number of persons on the premises to allow social distancing

Make sure that social distancing is maintained in any queue for the premises.

The above requirements do not apply where two persons are from the same household or someone is being accompanied by a carer.

It is vital that businesses make this their top priority – not only due to the public health emergency but also because failing to comply with these requirements without a reasonable excuse is a criminal off ence. Police and local authority trading standards offi cers are proactively checking compliance across Scotland and any failure to comply could result in a prohibition notice or a fi xed penalty.

Retailers are very much on the front line when it comes to implementing these social distancing requirements. It is recommended that businesses prepare written policies and risk assessments setting out how they will comply with the rules. It may that the store itself requires to be altered or new policies put in place. Considerations many include:

Limiting the number of persons in the store at any one time

Marking out two-metre distances on the shop floor

Identifying the best place for a queue – both inside and outside – and managing it appropriately

Installing screens between customers and till assistants

Training staff

Putting up clear signage around the store.

We are already seeing technological innovations to minimise the risks of customers not keeping two metres apart, such as increased use of app-based home delivery services as well as apps facilitating virtual queuing. Th is allows users to book a time to enter the store, reducing the number of people queuing outside the premises.

It is important to note that the regulations require that Scottish Ministers review the need for these restrictions and requirements at least once every 21 days. Having carried out the fi rst review on 16 April 2020, the Ministers decided to expand the requirements so that they apply to all businesses that are still operating, not just open to the public. Th erefore, the need to maintain social distancing now applies to warehouses, offi ces and so on.

You should carefully review any back offi ce or supply functions to make sure that your staff can stay two metres apart at all times.

We can expect further amendments as the situation develops over the coming weeks.

BY MICHAEL MCDOUGALL, ASSOCIATE, TLT SOLICITORS