New: Government Guidance

Revised guidance from 30 November 2021

When to wear a face covering

From 30 November 2021, there are some places where you must wear a face covering by law, unless you are exempt or have a reasonable excuse (see the 'When you do not need to wear a face covering' section below).

In England, you must wear a face covering in the following indoor settings (examples are given in brackets):

• shops and supermarkets (places which offer goods or services for retail sale or hire)
• shopping centres (malls and indoor markets)
• auction houses
• post offices, banks, building societies, high street solicitors and accountants, credit unions, short-term loan providers, savings clubs and money service businesses
• estate and letting agents
• premises providing personal care and beauty treatments (barbers, hair salons, tattoo and piercing studios, nail salons and massage centres)
• pharmacies
• premises providing veterinary services
• retail galleries
• retail travel agents
• takeaways without space for consumption of food or drink on premises
• public transport (aeroplanes, trains, trams, buses, coaches and ferries), taxis and private hire vehicles
• any car or small van during a professionally delivered driving lesson, a practical driving test, or during one of the practical tests for giving driving instruction, and in all HGV lessons and tests
• transport hubs (airports, rail and tram stations and terminals, maritime ports and terminals, bus and coach stations and terminals)

Staff within these settings are required to wear face coverings when they are in a part that is open to the public. Staff may also wear face coverings when working in settings where face coverings are not required, and businesses are encouraged to support them in doing so.

You are required to wear a face covering on entering any of these settings and must keep it on until you leave unless you are exempt or have a reasonable excuse for removing it. Examples of what would usually be a reasonable excuse are listed in the 'If you are not able to wear a face covering' section below.

You should continue to wear a face covering in other indoor places that are not listed above, which are crowded and enclosed and where you may come into contact with people you do not normally meet.

Face coverings are not legally required in hospitality settings given that they cannot be worn while eating and drinking (see the 'When you do not need to wear a face covering' section below).

Face coverings and face masks are needed in healthcare settings to comply with infection, prevention, control (IPC) guidance. This includes hospitals and primary or community care settings, such as GP surgeries. They should also be worn by everyone accessing or visiting care homes.

When you do not need to wear a face covering

Face coverings are only legally required in the settings listed in the 'When to wear a face covering' section above. Customers, visitors or staff may choose to wear face coverings in any other setting where face coverings are not legally required including places of worship, cinemas, public libraries or community premises. Employers and businesses should support people, including staff, if they choose to wear a face covering in these settings, as well as other settings not listed above.

Face coverings are required in shops within other premises such as visitor attractions, for example a museum gift shop.

While not mandatory, you should continue to wear a face covering in indoor places, which are crowded and enclosed and where you may come into contact with people you do not normally meet.

Fixed Penalty Notices

Fixed Penalty Notices are being issued for breaching Regulations underThe Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020 (opens new window), so please make sure you understand and adhere to the current Regulations and guidance. Failure to comply with the requirements of the Regulations, without reasonable cause, is a criminal offence.

The first Fixed Penalty Notice is £1,000. Payments must be made within 28 days of the date of the notice. If payment is made within 14 days of the date of the notice, the first fixed penalty is reduced to £500. The reduction is only applicable to a first fixed penalty notice as specified.

A second fixed penalty notice received is £2,000.

A third fixed penalty notice received is £4,000.

If you fail to pay within 28 days, you lose the opportunity to discharge liability for the offence, and criminal proceedings may be commenced against you in respect of the offence set out in the notice.

Temporary Structures and Portable Heaters at Premises During COVID-19

Due to COVID Regulations there has been a significant increase in the use of temporary outdoor structures by many businesses and in particular licensed premises. A number of premises with temporary outdoor structures are using portable heating devices, which have been identified as an additional fire risk. There have already been a number of incidents involving fires resulting from faulty portable heating devices, heating devices which are incorrectly used or poorly maintained, or heating devices which are used in close proximity to combustible materials. There is also a further hazard relating to the products of combustion from such portable heating devices building up within poorly ventilated outdoor temporary structures. Any premises which have an outdoor temporary structure must review and update their fire risk assessment, paying particular attention to the hazards posed by portable heating devices. Please email licensingteam@breckland.gov.uk if you require templates to assist you with fire risk assessment reviews and guidance documents relating to fire safety in outdoor temporary structures.