On 26th November 2020 the government set out a three-tiered system of restrictions for the regions in England to be enforced on 2nd December. This will mark the end of the current period of enforced national restrictions. The system will be similar to that in force prior to the introduction of national restrictions.

What are the tiers? | Rosenblatt’s Financial Crime Team

The three tiers will again consist of medium, high and very high levels of restrictions and will replace the national measures that came into force on 5th November. Additional restrictions are largely aimed at reducing indoor transmission among households for those areas in the high or very high categories.

Tier 1: Medium

The restrictions in this tier include, but are not limited to, the following:

  • People must not socialise in groups larger than 6 people, indoors or outdoors, other than where a legal exemption applies.
  • Businesses and venues can remain open, in a COVID secure manner, other than those which remain closed by law, such as nightclubs.
  • Hospitality businesses selling food or drink for consumption on their premises are required to provide table service only, for premises that serve alcohol, close at 11pm and stop taking orders after 10pm.
  • Hospitality businesses and venues selling food and drink for consumption off the premises can continue to do so after 10pm as long as this is through delivery service, click-and-collect or drive-through.
  • Public attendance at outdoor and indoor events (performances and shows) is permitted, limited to whichever is lower: 50% capacity, or either 4,000 people outdoors or 1,000 people indoors.
  • Public attendance at spectator sport and business events can resume inside and outside, subject to social contact rules and limited to whichever is lower: 50% capacity, or either 4,000 people outdoors or 1,000 people indoors.
  • Places of worship remain open, but people must not attend or socialise in groups of more than 6 people while there, unless a legal exemption applies.
  • Weddings and funerals can go ahead with restrictions on numbers of attendees – 15 people can attend wedding ceremonies and receptions and 30 people can attend funeral ceremonies.
  • Organised outdoor sport, physical activity and exercise classes can continue.
  • Organised indoor sport, physical activity and exercise classes can continue to take place, if the rule of 6 is followed. There are exceptions for indoor disability sport, sport for educational purposes, and supervised sport and physical activity for under-18s, which can take place with larger groups mixing.
  • For those who live in a tier 1 area and travel to an area in a higher tier, the rules for that area should be followed while there. Avoid travel to or overnight stays in tier 3 areas other than where necessary.

The Isle of Wight, Cornwall and the Isles of Scilly are the only regions placed in this tier.

Tier 2: High

The restrictions in this tier include, but are not limited to, the following:

  • People must not socialise with anyone they do not live with or who is not in their support bubble in any indoor setting, whether at home or in a public place.
  • People must not socialise in a group of more than 6 people outside, including in a garden or a public space.
  • Businesses and venues can continue to operate, in a COVID-secure manner, other than those which remain closed by law, such as nightclubs.
  • Pubs and bars must close, unless operating as restaurants. Hospitality venues can only serve alcohol with substantial meals.
  • Hospitality businesses selling food or drink for consumption on their premises are required to provide table service only, in premises which sell alcohol, close at 11pm and stop taking orders after 10pm.
  • Hospitality businesses and venues selling food and drink for consumption off the premises can continue to do so after 10pm as long as this is through delivery service, click-and-collect or drive-through.
  • Public attendance at outdoor and indoor events (performances and shows) is permitted, limited to whichever is lower: 50% capacity, or either 2,000 people outdoors or 1,000 people indoors.
  • Public attendance at spectator sport and business events can resume inside and outside, subject to social contact rules and limited to whichever is lower: 50% capacity, or either 2,000 people outdoors or 1,000 people indoors.
  • Places of worship remain open but you must not socialise with people from outside your household or support bubble while you are indoors there, unless a legal exemption applies.
  • Weddings and funerals can go ahead with restrictions on numbers of attendees – 15 people can attend wedding ceremonies and receptions and 30 people can attend funeral ceremonies.
  • Organised outdoor sport, and physical activity and exercise classes can continue…
  • Organised indoor sport, physical activity and exercise classes will only be permitted if it is possible for people to avoid mixing with people they do not live with (or share a support bubble with). There are exceptions for indoor disability sport, sport for educational purposes and supervised sport and physical activity for under-18s, which can take place with larger groups mixing.
  • For those living in a tier 2 area, they must continue to follow tier 2 rules when travelling to a tier 1 area. Avoid travel to or overnight stays in tier 3 areas other than where necessary.

Most regions in England are placed in this tier, including London and Liverpool.

Tier 3: Very High

The restrictions in this tier include, but are not limited to, the following:

  • People must not meet socially indoors or in most outdoor places with anybody they do not live with, or who is not in their support bubble, this includes in any private garden or at most outdoor venues.
  • People must not socialise in a group of more than 6 in some other outdoor public spaces, including parks, beaches, countryside accessible to the public, a public garden, grounds of a heritage site or castle, or a sports facility.
  • Hospitality settings, such as bars, pubs, cafes and restaurants are closed – they are permitted to continue sales by takeaway, click-and-collect, drive-through or delivery services.
  • Accommodation such as hotels, B&Bs, campsites, and guest houses must close. There are several exemptions, such as for those who use these venues as their main residence, and those requiring the venues where it is reasonably necessary for work or education and training.
  • Indoor entertainment and tourist venues must close, and indoor attractions at mostly outdoor entertainment venues must also close (indoor shops, through-ways and public toilets at such attractions can remain open).
  • Leisure and sports facilities may continue to stay open, but group exercise classes (including fitness and dance) should not go ahead. Saunas and steam rooms should close.
  • There should be no public attendance at spectator sport or indoor performances and large business events should not be taking place. Elite sport events may continue to take place without spectators.
  • Large outdoor events (performances and shows) should not take place, with the exception of drive-in events
  • Places of worship remain open, but you must not attend with or socialise with  anyone outside your household or support bubble while you are there, unless a legal exemption applies.
  • Weddings and funerals can go ahead with restrictions on the number of attendees – 15 people can attend wedding ceremonies, wedding receptions are not allowed and 30 people can attend funeral ceremonies.
  • Organised outdoor sport, and physical activity and exercise classes can continue, however higher-risk contact activity should not take place.
  • Organised indoor sport, physical activity and exercise classes cannot take place indoors. There are exceptions for indoor disability sport, sport for educational purposes and supervised sport and physical activity for under-18s.
  • People should avoid travelling to other parts of the UK, including for overnight stays other than where necessary.

The regions subject to these restrictions include Manchester, Birmingham and Newcastle.

Enforcement | Rosenblatt’s Crime Team

The statutory instruments setting out the tiered system will contain provisions for enforcing the restrictions through fixed penalty notices or prosecutions.

Rosenblatt can help

Rosenblatt has a wealth of experience in criminal law and is uniquely placed to support client’s crime needs during these unprecedented times, consistently ensuring a familiarity with the ever-changing Government guidance on COVID-19.

Topics