Sussex Council's Advice On What "Outdoor" Means For Tier 2 Pubs

For parts of Sussex not in the strictest coronavirus regulations, one local authority has been issuing guidance to try to find a path through the minefield of what "outdoor" means.

As hospitality businesses in Tier 2 (High Alert) look for ways to increase customer seating for their guests, many are deciding to set-up marquees or gazebos in outside areas in order to meet what their managers consider to be social distancing and household-mixing guidelines. 

However, in Sussex, Horsham District Council has this week stressed the importance of making sure that such temporary outside structures don't themselves fall foul of the Covid-secure rules or other legislation. 

Council officials say one of the greatest risks is that the outdoor structure might be too enclosed to be considered an outside space.

This is a requirement to allow the mixing of up to six individuals from different households.

According to the local authority, "ventilation is key to controlling the spread of the virus" and this is why the rules are relaxed in outside areas.  

In order to be classed as 'outside,' any structure with a roof must have openings in its sides greater than half of its total area; it is the same calculation that prevents 'substantially enclosed' structures from being used a smoking shelters.

For example, taking any two sides off of a square gazebo, or a long and a short side from a rectangle one, would be satisfactory, but these sides must not be put back while customers are present or it will contravene the relaxed outside gathering guidelines.  

This principle must be followed irrespective of how cold or windy the weather becomes.

It is also vital that businesses do not install potentially dangerous patio heaters into gazebos and marquees without taking steps to ensure that they can be operated safely. 

Great care is needed when introducing any heat source to a potentially flammable structure, but this is especially true if it is LPG powered, as this can introduce its own specific risks.  

It is also being highlighted that as businesses make more use of their outside spaces, they should remain considerate of their neighbours who are potentially spending more time at home.

The Council is maintaining that amplified or live music should be avoided in outside or in temporary structures, or at least kept to a low volume and turned off early, as noise breakout will clearly be greater from a gazebo than from inside a pub or restaurant.

Horsham District Council Cabinet Member for Community Matters and Wellbeing Cllr Tricia Youtan commented:

"The run up to Christmas is undoubtedly going to be very busy for the retail and hospitality sector.

"Whilst we are really pleased that most of the District's hospitality businesses have responded so well to the numerous adaptations they have had to make in order to continue trading safely, it is also important that they take on board these key considerations for the safety of their customers, staff and neighbours .

"We want to ensure that the ongoing Christmas experience is as safe as possible for people in our District's towns and villages.

"These measures will further help to limit the risk of transmission to both customers and staff."