If you are re-opening up your venue on April 12th, you need to be aware the rules on track and trace have been toughened up since you closed your doors, and with fines ranging from £1,000 to £10,000 for breaches it is well worth making sure, that you are up to speed with your responsibilities.
Where previously you only to ask the lead member of a group to provide contact details, from April 12 if you operate in hospitality, leisure and tourism, personal care or run certain community facilities, you must ask every customer or visitor to scan the NHS QR code, using their NHS COVID-19 app, or provide their name and contact details, not just a lead member of the group.
Information to collect
Venues must ask every customer and visitor (over the age of 16) for the following details (unless they have ‘checked in’ using the NHS COVID-19 app):
the name of the customer or visitor
a contact phone number for each customer or visitor. If a phone number is not available, you should ask for their email address instead, or if neither are available, then postal address
date of visit, arrival time and, where possible, departure time
the name of the assigned staff member, if a customer or visitor will interact with only one member of staff (for example, a hairdresser). This should be recorded alongside the name of the customer or visitor
Recording both arrival and departure times (or estimated departure times) will help reduce the number of customers or staff needing to be contacted by NHS Test and Trace. We recognise, however, that recording departure times will not always be practicable and this is not required by law.
All designated venues must also keep a record of all staff working on the premises on a given day, the time of their shift, and their contact details. This covers anyone providing a service or activity including volunteers. Venues must keep these records of staff, but staff can choose to check in using the NHS QR code poster in addition, if they wish.
No additional data should be collected for this purpose.
In England, you do not have to request details from people who check in with the official NHS QR code poster, and venues should not ask people to do both. Venues must not make the specific use of the NHS QR code a precondition of entry (as the individual has the right to choose to provide their contact details if they prefer).
If you are a hospitality venue, you must ask for contact details from anyone who hasn’t scanned the official NHS QR code and you must refuse entry to any customer or visitor who chooses to neither provide their contact details nor scan the official NHS QR code.
You should satisfy yourselves that individuals who are checking in using the official NHS QR code have done so – you may do this by asking the individual if they have scanned the code or ask to view the person’s screen to show the venue check-in screen if you still have reason to believe they haven’t done so.
DOES THIS APPLY TO YOUR BUSINESS?
Establishments in the following sectors, whether indoor or outdoor venues, or mobile settings, must request contact details from staff, customers and visitors, and display the official NHS QR code poster:
restaurants, including restaurants and dining rooms in hotels or members’ clubs
cafes, including workplace canteens
bars, including bars in hotels or members’ clubs
Leisure and tourism:
betting shops and bingo halls
clubs providing team sporting activities
facilities for use by elite and professional sportspeople (including sports stadia)
heritage locations and attractions open to the public (including castles, stately homes and other historic houses)
hotels and other guest accommodation provided on a commercial basis, including in bed and breakfast accommodation, boats, campsites, caravans, chalets, guest houses, holiday parks, hostels, motels, pubs, sleeper trains and yurts
indoor sport and leisure centres, including gyms
outdoor swimming pools and lidos
museums and galleries
music recording studios open for public hire or other public use
Close contact services:
beauticians (including those providing cosmetic, aesthetic and wellness treatments)
dress fitters, tailors and fashion designers
nail bars and salons
skin and body piercing services
sports and massage therapists
Local authority run services:
youth and community centres
FAILURE TO COMPLY
Collecting contact details and maintaining records for NHS Test and Trace is a legal requirement and failure to comply is punishable by a fine:
first fixed penalty: £1,000
second fixed penalty: £2,000
third fixed penalty: £4,000
any further penalty notice: £10,000
The person responsible for the organisation is liable. This could be the owner, proprietor or manager with overall responsibility of the organisation, business or service.