More powers for councils to enforce covid rules

• Councils will be able to force closure of businesses which continue to repeatedly break the rules
• Government will give councils the powers requested to keep people safe as England moves back to a tier system from 2 December

Following an announcement by the Prime Minister yesterday, Communities Secretary Robert Jenrick has today (Tuesday 24 November) set out plans for additional powers for councils to help ensure businesses are following COVID-secure rules.

These measures build on the new powers given by Government over the summer which enabled councils to restrict or close premises. Many councils are using these powers and have asked for them to be further strengthened.

The new powers will go further than the current system in place, with councils able to issue improvement and restriction notices - so businesses have to make immediate changes- and for the worst offenders, force the immediate closure of a business that is continuously flouting the rules.

This could include repeatedly failing to adhere to social distancing, failure to use test and trace and forcing employees to come to work when they have been instructed to self-isolate.

Fines to businesses will continue and these new powers will mean councils can take stronger action against those who may be repeatedly putting public health at risk.

These measures help to avoid having to introduce tougher restrictions on all businesses by reducing spread of the virus from premises which aren’t complying with the rules. It’s not fair for businesses abiding by the rules to have to suffer due to the recklessness of a small minority of businesses.

Local Government Secretary Robert Jenrick said:

“All of us in government – both at a national and local level - have been working non-stop to support local businesses during this pandemic. The vast majority of businesses have complied with the rules and I thank them for their patience and understanding.

“For the small number of businesses that are not complying – putting public safety in danger as a result - councils have asked for additional powers to help them to act faster and crack down on repeated offenders. It’s right that we are giving councils new powers to take decisive action to keep people safe.”

Cllr James Jamieson, Chairman of the Local Government Association, said:

"Most businesses are implementing the necessary measures to protect people’s safety but councils have seen cases where the guidelines are not being followed and have been limited in what they can do to stop it.

"We are pleased the Government is acting to give councils tougher powers to take action when rules are being flouted. This will mean they can act quickly and proactively in cracking down on places that flout COVID-19 guidance, to prevent problems in the first place instead of only being able to act when it is too late.

“While councils do not want to have to shut anywhere down, business owners need to know that councils have the power to act if local communities are put at risk."

Since March, councils have played a vital role in engaging, educating and encouraging businesses to comply with latest rules which has helped keep the public safe. Guidance is clear enforcement should only be used to address the most prolific public health risks.

Changes to legislation will mean that councils can issue the following:

• A Coronavirus Improvement Notice - which will give premises 48 hours to rapidly implement Covid-Secure measures
• A Coronavirus Immediate Restriction Notice - which will close premises that pose a public health risk for an initial 48 hours to give the premises time to put in necessary safeguards
• A Coronavirus Restriction Notice - which will close premises for 7 days

Premises will be fined £2,000 where they breach an Improvement Notice and £4,000 where they breach a Restriction Notice.

These new measures will equip councils with improved tools and give enforcement officers the power to use their expertise to protect the public.

Local Authorities will only take enforcement action where necessary and proportionate. There will also be safeguards within the system to ensure that the powers are not misused, including an appeals system which will give premises the right to appeal any Notices in a magistrates’ court.

This announcement reflects the outcome of ongoing engagement with councils to ensure they have the tools they need, many had called for the introduction of these Improvement Notices alongside pre-existing powers.