Businesses legally required to collect customer details for NHS Test and Trace

From Thursday 24th September 2020, hospitality, close contact businesses and leisure venues will legally be required to log details of customers, visitors and staff to support the NHS Test and Trace service.

The majority of businesses have been playing their part in tackling the virus by putting COVID-secure measures in place, but new legal requirements will make it compulsory for them to do so, or risk being fined.

The new COVID-secure legal requirements for businesses:

• Hospitality venues are not permitted to take bookings of more than 6 people and must ensure sufficient space between tables.
• Hospitality, close contact businesses and leisure venues are required to collect contact details of all customers, visitors and staff.
• Hospitality, close contact businesses and leisure venues are required to display a QR code poster to allow people to check-in at different premises. (If customers choose to check-in using the QR code poster, they do not need to log their details via other routes).

These regulations are vital to support the NHS Test and Trace service, allowing individuals to be contact if a coronavirus outbreak is identified in a venue or business.

What must I do when collecting contact details?

By law, hospitality, close contact businesses and leisure venues must:

• ask at least one member of every party of customers or visitors (up to 6 people) to provide their name and contact details
• keep a record of all staff working on their premises and shift times on a given day and their contact details
• keep these records of customers, visitors and staff for 21 days and provide data to NHS Test and Trace if requested
• display an official NHS QR code poster so that customers and visitors can ‘check in’ using this option as an alternative to providing their contact details
• adhere to General Data Protection Regulations
• refuse entry to those who refuse to participate

Click here for further details about maintaining customer, staff and visitor records.

How do I create a QR code poster?

Businesses can use the government tool to create a QR code poster here. 

Businesses are required to make sure their customers are aware of the rules around the QR code poster by displaying clear signage and speaking to customers directly. Here are some top tips for displaying your QR code poster.

How will these regulations be enforced?

These regulations are enforced by Local Authorities (Wiltshire Council for Salisbury), who will have the power to issue fines of up to £1,000 for venues failing to comply. Fines will rise to £4,000 for repeat offenders.

What businesses are included in the new requirements?

Businesses and services included in the new legal requirements are:

• hospitality, including pubs, bars, restaurants and cafés
• tourism and leisure, including gyms, swimming pools, hotels, museums, cinemas, zoos and theme parks
• close contact services, including hairdressers
• facilities provided by local authorities, including town halls and civic centres (for events), libraries and children’s centres

Read the latest COVID-secure guidance for your business here.