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SLTA News And Updates 15th January

SLTA News and Updates 15th January

From Saturday 16 January 2021, in Level 4 lockdown areas, new restrictions come into force for food and drink takeaway services.

From Saturday 16 January 2021 in Level 4 lockdown areas, businesses primarily concerned with the service of food and drink takeaways can only offer the service on a no-indoor entry basis. This means that customers are not permitted to enter the inside of a premises to collect their purchase and that goods will need to be dispensed in a manner that meets this requirement. For example, this could be via the use of a service hatch, a non-internal counter such as a table across the threshold, or passed through a door. This measure is necessary to reduce the risk associated with people gathering in enclosed spaces (indoors) where the virus may spread more easily from person to person.

Who it applies to.

The measure applies to those businesses in the hospitality and food and drink sector that are primarily operating a food and drink takeaway service. That means where food and drink takeaway forms the main part of the business and is not incidental to the wider business operation. This includes:

  • cafes (existing exclusions apply i.e. in a hospital or care home)
  • sandwich shops
  • pubs and bars that have adapted to offer takeaway food and drink
  • restaurants that have either adapted or as part of normal operating models offer takeaway food and drink
  • mainstream takeaway businesses, such as burger and chicken food to go premises, chip shops, International cuisine, pizza and kebab shops
  • bakery* and pasty shops that are predominantly focused on the sale of hot food and drink or sandwiches to go rather than providing a wider range of products as the main part of the business
  • all other food and drink to go premises that are predominantly concerned with takeaway food and drink as a the main part of the business

*Bakers, butcher shops, convenience stores, newsagents and stand-alone service stations where any ready food and drink to go offering is incidental to the primary range of products on sale, such as breads, cold pies, pastries, meat and general groceries or fuel, may continue to operate under existing COVID safe protocols, ensuring key mitigating measures and physical distancing are fully observed by all entering the premises. If it is apparent the main activity is a ready food or drink takeaway service then this must be offered on a no-indoor entry basis only.

The question of whether a business premises is predominantly providing a takeaway service, or is a bakery, corner shop etc. needs to be assessed taking account of the operation of the business as a whole over a day/week, recognising that there may be times of day when one aspect of the business is more prominent.

Practical changes.

Many takeaway businesses are already operating on a no-indoor entry basis. For those, no changes are required. For others, the practical modifications required by each business will vary by each operating environment. Not all premises will have a service hatch but every premises has an entrance, either a door or shuttered threshold. It is for operators to determine the most appropriate method to allow them to meet the restriction but some examples may include:

  • use of a service hatch
  • use of a non-internal/makeshift counter, such as a table placed across the threshold
  • for those premises which open onto an enclosed space, such as a shopping centre concourse, use of barriers to narrow the entry to allow a takeaway counter to be created
  • passing goods to customers via the main, or relevant, door

Businesses will also need to consider adapting staff practices to service the requirement for customers to remain outside, such as how goods will be passed to the new service area and how payment will be taken.

Where operators offer pre-order, either via a website, an app, by text or by phone then they may wish to promote this service as a first preference in order to manage orders and the time customers may need to wait outside prior to collection, particularly in bad weather. Operators may also wish to further promote home delivery as an alternative option to collection in person.

Face coverings and screens.

Businesses should revisit their arrangements for protecting staff and customers in light of this measure. Where protective screens have been installed previously at internal service areas it may be possible to move these to a new temporary service area. If not, then the need for face coverings becomes ever more important to create a barrier between customers and staff. 

Although not a legal requirement outdoors, customers should also demonstrate good practice and consideration for others by wearing a face covering when queuing and collecting takeaway orders and you may wish to reflect this in signage. Risk assessments should therefore be revised to take account of the no-indoor entry restriction.


Coronavirus spreads more easily when people are closer together. Any queues that form outside premises will continue to need to be carefully managed in order to keep customers safe and physically distanced. 

Takeaway businesses are already familiar with having to manage numbers and queues. Even prior to the no-indoor entry requirement it was only possible in most cases for a small number of customers to enter the premises at any one time. Businesses should nonetheless revisit their risk assessment on queues to ensure they are safely managed in light of the new requirement. This will be particularly important where takeaway premises are next to, or nearby, other essential premises where queues may also be forming at certain times of the day, such as a pharmacy.

Questions and answers.

You can find questions and answers relating to takeaways – no indoor entry here.

You should also refer to the Coronavirus safer public spaces guidance which offers suggestions of possible interventions to promote physical distancing in queues. 

Ban on consumption of alcohol in an outdoor public place from 16 January 2021

The purpose of this measure is to ensure conditions exist to support the overall stay at home requirement and remove potential risks of gatherings taking place, including those focused around the consumption of alcohol outdoors.

The measure applies to all Level 4 lockdown areas. Off-sales of alcohol can continue but all operators including those in the hospitality sector who are offering a takeaway service should do so according to guidance. Operators should be in a position, if required, to offer advice to remind customers that consumption of their purchase in an outdoor public place is prohibited. Purchases must be taken home as intended.  For details on the updated overall guidance for the tourism and hospitality sector click here.

Make sure ALL your premises are registered for the Strategic Business Framework Fund.

The additional top-up to the grant support available for hospitality, retail and leisure businesses across Scotland, announced earlier this week, will be combined with the next tranche of payments for the Strategic Framework Business Fund due to be paid to businesses on the 25th January.  Eligible businesses that have already applied for the 4-weekly payment from the Strategic Framework Business Fund will get an automatic top-up.   Those business that haven’t yet applied for these funds should submit an application as soon as possible through their local authority website.  Some multiple operators may not have applied for the grants through the Strategic Framework Business Fund for all their outlets due to a cap on the total amount that could be claimed.   However, from the 1st of January this year there is no longer an upper limit on payments for any eligible business operating multiple premises. 

If you have not already applied for this support funding click here for details and links to the appropriate local authority. Remember businesses already in receipt of payments need not reapply.  Business applying for the first time on or after 1 January should submit individual applications to each relevant local authority for all relevant premises in that area.

The additional one off grants are:-

  • £25,000 for larger hospitality businesses on top of the 4-weekly £3,000
  • £6,000 for smaller hospitality businesses on top of the 4-weekly £2,000
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