Warning to Shropshire cafes and pubs over how they promote outdoor facilities
Hospitality businesses in Shropshire are being urged to reconsider how they advertise outdoor spaces after a host of complaints relating to breaches of Covid restrictions.
Shropshire Council’s trading standards and licensing service is advising cafes, pubs and restaurants to think carefully about how they promote the use of their outdoor space for drinking and dining in line with step two of the government’s roadmap out of lockdown.
Hospitality businesses that reopened from April 12 must ensure customers are served outdoors. This has led to businesses finding creative solutions to ensure the outdoor drinking and dining experience is more enjoyable for visitors.
But Shropshire Council said it has also led to complaints about businesses promoting their outdoor areas with digital images of marquees, gazebos and other structures that clearly show them with a roof and more than two sides in place.
The authority said that if businesses allow customers to be seated inside these structures, they will be breaching current restrictions and that there would be insufficient ventilation, which would increase the risk of transmission of the virus, and put the health and safety of customers and staff at greater risk.
Legislation
Council officers following up these complaints are finding that in many cases the images have been taken for promotional purposes only, and there is no intention that all sides of the structures will be in place when customers are seated. They say it is also perfectly understandable that businesses will want to have sides in place when premises are closed to protect furniture and discourage unauthorised use.
They add there is a further risk that the promotional images will mislead customers as to the environment in which they will be drinking and dining. As well as dissatisfied customers, businesses could find that they fall foul of consumer protection legislation that prohibits unfair commercial practices.
Frances Darling, Shropshire Council’s head of trading standards and licensing, said: “We want to support businesses in their efforts to recover from the serious impact that coronavirus has had, and to do so in a way that is positive for both parties. Having to deal with unfounded complaints is not helpful on either side.
“I would urge our hospitality trade to, firstly, ensure that any structures being used as outdoor space are not ‘substantially enclosed’ and to satisfy the ‘50 per cent rule’; and secondly, that any promotional images made available on social media and websites accurately portray the environment in which customers will be seated.
“I know that the majority of businesses are committed to doing their absolute best and are implementing Covid-19-secure measures to protect the health and safety of their customers and staff. Equally, I understand that the majority do not want to intentionally mislead their customers. However, in order to ensure a level playing field for those who do comply, it is important to understand that we will take enforcement action against those who don’t.
“Finally, I would advise that if you are unsure about what you need to do, please ask us for advice. We are here to help."
