• Sectors we work in banner(2)

    Quick Reads

WHAT NEXT FOR NIGHTCLUBS?

Following 19 July 2021 (so called, “Freedom Day”), nightclubs and late-night venues re-opened. However, measures have remained in place that can impact a venue’s ability to open and it seems that further measures may be introduced in the winter that will impact venues.

The Health Protection (Coronavirus, Restrictions) (England) (No.3) Regulations 2020 (No. 3 Regulations) (‘the Regulations”) gives local authorities the power to make directions which respond to a serious or imminent threat to public health. A direction can include (amongst other things) the power to restrict access to, or close, individual premises.

In practice, this has meant that, since Freedom Day, venues (and with particular emphasis on nightclubs and late-night venues) have still had to respond to and implement recommendations made by local authorities in order to avoid the risk of closure. Many venues will have co-operated fully with the local authority. However, this can present practical and legal issues for venues in what is achievable. There is, at least, anecdotal evidence of voluntary closures in consultation with the local authority to avoid imposed closures and the potential stigma from that.

Under the Regulations, any direction must be necessary and proportionate in order to maintain the transmission of coronavirus in the local authority’s area. Before making such direction the local authority must gather evidence to support its decision. This, for example, could include (but, is not limited to) information from NHS Track and Trace, Public Health England, COVID-19 transmission rates in the area and, information about whether business owners are following the working safely guidelines, or any other relevant guidance applicable to the business. This means that local authorities can base their decisions on a wide-range of factors and can give rise to different local authorities applying different criteria and subjective decision making. Practically, that can be difficult for venues to manage.

Once a direction is issued, a local authority must review the direction at least once every 7 days. In terms of legal recourse, a local authority’s decision can be appealed via the Magistrates Court or to the Secretary of State for Health. But, in many cases, that will simply not be practical or economically viable for venues. The alternative is therefore for venues to work with local authorities to avoid closure.

The Regulations will continue to apply until the end of 27 September 2021 (albeit the Regulations have been extended before) but are then set to fall away as matters stand, removing a significant power available to local authorities to manage the pandemic. However, it seems that further measures may be introduced in the winter which may impact venues. Notably, the government recently scrapped plans for “covid passports” for nightclubs and late-night venues from 1 October 2021. But, this week the government has announced the Covid-19 Response: Autumn and Winter Plan (the “Winter Plan”), which sets out the government’s proposed response to COVID-19 over the coming months. The Winter Plan (under Plan B) includes the government’s right to reintroduce such measures at short notice if coronavirus cases rise. Therefore, in practical terms, for venues, maintaining many existing Covid measures despite the removal of local authority powers may make sense or at least retaining the ability to re-introduce speedily and at limited cost. As we have seen throughout this pandemic, decisions have been subject to u-turns in the past and it is not inconceivable that they will be again.

Plans to introduce vaccine passports for access into nightclubs and large events in England will not go ahead, the health secretary has said.

Our thinking

  • Joseph Evans, Cassidy Fan and Jessica Boxford write for New Law Journal on the future of insolvency: a digital asset revolution

    Joseph Evans

    In the Press

  • Law 360 quotes Stewart Hey on the potential integration of the PSR into the FCA and the impact on APP fraud reimbursement

    Stewart Hey

    In the Press

  • Singaporean Court Declines to Revisit SIAC Registrar’s Administrative Decision

    Thomas R. Snider

    Insights

  • New "In-House Counsel Privilege" in Swiss law

    Pierre Bydzovsky

    Insights

  • Swiss Anti-Corruption Laws: A Guide to Bribery Offences, Compliance, and Penalties

    Daniela Iselin

    Insights

  • Passage of the English Arbitration Act 2025 into Law

    Thomas R. Snider

    Insights

  • Mary Bagnall writes for FMCG CEO on the recent Thatchers v Aldi court ruling

    Mary Bagnall

    In the Press

  • RTHK interviews Patrick Chan on the rise of sports arbitration in Hong Kong

    Patrick Chan

    In the Press

  • Stephen Burns and Katie Bewick write for Growth Business on the options available for appointing a new director after a company dispute

    Stephen Burns

    In the Press

  • 5 trends to watch in International Arbitration in 2025

    Thomas R. Snider

    Insights

  • Living Together in the 2020s: Why more Gen Z’s are Saying 'Yes' to Cohabitation Agreements

    Cara Fung

    Quick Reads

  • Stepping into the Director's Chair: The Landscape of Risk in Distressed Companies – Misfeasance Trading

    Jessica Boxford

    Insights

  • Justice for the Victims of Britain's Largest Ponzi Scheme?

    Caroline Greenwell

    Quick Reads

  • Moths, a mansion house and multi-million pound misrepresentations

    Katy Ackroyd

    Insights

  • The Law Society Gazette quotes Tamasin Perkins on the concerns surrounding the proposed amendment to the Terminally Ill Adults (End of Life) Bill

    Tamasin Perkins

    In the Press

  • Property Patter: Challenges for commercial property in 2025

    Emma Humphreys

    Podcasts

  • An introduction to the new Procurement Act 2023

    Jamie Cartwright

    Quick Reads

  • Mind the Gap Trade Mark

    Charlotte Duly

    Insights

  • A Closer Look at the Meaning of ‘Investor’ in Investment Treaty Arbitration

    Stephen Chan

    Insights

  • Shareholder Strategies: A practical guide to unfair prejudice petitions

    Emilie Brammer

    Insights

Back to top