• Sectors we work in banner(2)

    Quick Reads

WHAT NEXT FOR NIGHTCLUBS?

min read

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

  • Shona Alexander and Maddie Dunn contribute to Family Law Journal, examining how disputes and relationship breakdowns can impact family farms

    Shona Alexander

    In the Press

    min read
  • The Sky’s the Limit: Arbitrating Aviation Disputes

    Patrick Gearon FCIArb

    Insights

    min read
  • eprivateclient features an article by Matt Foster and Sarah Moore on untangling crypto assets in divorce

    Matt Foster

    In the Press

    min read
  • How to construe contentious trusts - lessons from recent cases

    Sarah Moore

    Insights

    min read
  • The 1975 Act 50 Years On: Looking Back and Looking Forward

    Tamasin Perkins

    Insights

    min read
  • LCIA Announces Consultation on Revising Arbitration Rules

    Gareth Mills

    Quick Reads

    min read
  • Charles Russell Speechlys strengthens its position in the latest Legal 500 EMEA directory, with 22 firm rankings

    News

    min read
  • Farm Business Tenancies: Guidance for long-term FBTs published

    Emma Preece

    Insights

    min read
  • Charles Russell Speechlys appoints Robert Lundie Smith as Head of Intellectual Property

    Robert Lundie Smith

    News

    min read
  • Applicability of the Doctrine of Force Majeure During Unprecedented Times in Bahrain

    Mazin Al Mardhi

    Insights

    min read
  • The BBC's Motion to Dismiss President Trump's $10 Billion Defamation Claim: Jurisdiction, Free Speech, and the "Chilling Effect"

    Claudine Morgan

    Quick Reads

    min read
  • Informal family agreements, constructive trusts and joint property ownership – lessons from the recent High Court decision in Uddin v Uddin [2026] EWHC 150 (Ch)

    Maddie Dunn

    Insights

    min read
  • Bella Henry examines the UK's mandatory reimbursement regime for APP fraud in Retail Banker International

    Bella Henry

    In the Press

    min read
  • Navigating Force Majeure, Impossibility and Frustration under UAE Law During the Current Crisis

    Patrick Gearon FCIArb

    Insights

    min read
  • Dewdney William Drew comments in Business Green on a recent UK Supreme Court ruling that has effectively prohibited Oatly from using the word 'milk' in its marketing

    Dewdney William Drew

    In the Press

    min read
  • Tamasin Perkins writes for IFA Magazine on risks arising from the intersection of family wealth and commercial lending

    Tamasin Perkins

    In the Press

    min read
  • The Brocklesby Principle Bites: Occupation Alone Won't Defeat a Lender's Charge

    Lauren Leney

    Quick Reads

    min read
  • Big Changes to Packaging Waste Rules in UK and EU Supply Chains

    Jamie Cartwright

    Insights

    min read
  • Henry Winter and Abdul Azeem Abdul Samad write for DCNN Magazine on arbitrating data centre disputes in Southeast Asia

    Henry Winter

    In the Press

    min read
  • Freezing orders: how are they enforced around the world? United Arab Emirates (ADGM and DIFC) perspective

    Peter Smith

    Insights

    min read
Back to top