Is a Marquee an outside space?

Posted in Licensing | October 19, 2020 | by Dadds LLP Solicitors

With the ever changing rules and regulations around Covid-19 the latest question we find posed is whether a marquee can be considered an outside space.

With London and Essex (apart from Thurrock and Southend) moving into Tier 2 people must not meet with anybody outside their household or support bubble in any indoor setting, whether at home or in a public place.

What is an outside space is found in The Health Act 2006.  This provides that a premises is enclosed if it has a ceiling or roof and except for doors, windows and passageways are wholly enclosed either permanently or temporarily.  The legislation goes onto say that a structure is substantially enclosed if 50% or more of the walls are covered or closed.  A marquee therefore, even if it is temporary, can only be considered to be outside space if over 50% of the sides have been removed.  Furthermore, this does not take into account openings which are there for doors, windows, or other fittings which can be opened or shut.

This situation has further been recently confirmed by the courts in Scotland and we wait to see if any further specific Covid-19 Guidance is provided by Government.

If you require any assistance with this or any other issues in managing your premises during these unique times then please do not hesitate to contact us.

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