Covid-19: 'Chaos' over regulations for outdoor hospitality venues

The implementation of Covid-19 regulations for outdoor hospitality venues in Northern Ireland has been described as "chaos".

Outdoor restaurants, bars and pubs are set to reopen on Friday as lockdown restrictions are eased further.

However, some venues have been told they cannot reopen as their outdoor seating areas do not adhere to regulations from the executive.

Hospitality Ulster described the situation as a "critical moment".

The organisation called for the current regulations to be adapted as "they are not conducive to the proper reopening that the sector was promised".

The Department of Health said the general rule of thumb was that outdoor premises should not be more than 50% enclosed.

"The definition of enclosed and substantially enclosed comes from the smoke-free legislation from 2007 and is directly referenced in the restriction regulations," a spokesperson said.

"This was the same definition that was in place since last July and is not part of the recent amendments which will allow outdoor hospitality to open from 30 April."

The legislation states that a premises is enclosed if it has a ceiling or roof.

It continues to say that a premises is substantially enclosed if it has a ceiling or roof but there is "an opening in the walls".

Responsibility for enforcing the regulations on outdoor areas rests with local councils.

Health Minister Robin Swann said the confusion about outdoor spaces was "hugely disappointing" and he called for solutions to be found.

"Recognising what colleagues in that sector have been through, I ensured that - in our regulations - there was no change to the position from that which applied last year," he said.

"This was to ensure that as we moved into a controlled and phased reopening, there would be clarity and certainty as regards that position."

The minister called on councils, with support from Stormont's Executive Office if necessary, to "move quickly to engage with the sector, explain the position and find solutions - by reference to material that has been available since last year, and which is consistent with other parts of the UK".

In a tweet on Tuesday, Mourne Seafood Bar in Belfast said it had been told by Belfast City Council it would be unable to reopen on Friday unless changes were made.

"We have just been told by [Belfast City Council] that we have to remove the cover or the sides of our outside area," the tweet read.

The venue said it spent £25,000 on the outdoor set up and that the same one was used last summer.

The owner of the Speckled Hen pub in Lisburn, Martin Caldwell, said he would not be able to open.

"We, like a large number of other pubs and premises, have gone down the same route with these small cabanas and sheds.

"Unfortunately we are not going to be able to open because we have about 40 sitting covers and without them we wouldn't be viable," he told BBC Newsline.

Colin Neill, the chief executive of Hospitality Ulster, said the interpretation of regulations was "far too stringent".

"The idea of outdoor [hospitality] being opened again is meaningless if only a relatively small number of venues can actually make it work," said Mr Neill in a statement.

"Many will have prepared for reopening by buying thousands of pounds worth of stock to replenish their empty bars, only to be told that their set up does not meet the regulations, despite being open to the same standard in previous failed reopening phases."

Mr Neill called for "a level of common sense" to be brought to the problem, saying: "This is not the time to be playing with the livelihoods of business owners and we are demanding that the executive intervenes and remedies this."

"We need the executive to engage with us and be pragmatic about this real and present issue that we are facing in the next couple of days," he added.

In a statement, Belfast City Council said it had been "working with businesses and engaging with owners" to provide support and advice in relation to the regulations "throughout the past year".

"While we very much welcome the easing of restrictions which will allow licensed and unlicensed premises to reopen, council has a statutory obligation to ensure compliance within the coronavirus restrictions, set by the NI Executive."

The council said it recognised that the regulations are "complex" and said it will continue to work with owners to "try to address any concerns and give them the assistance that they need".