Bars and pubs with dance floors will be required to use Covid passes – but only after 1am

Manages may choose to check all visitors for the entire time of opening or check those who remain in the venue immediately before 1am, the guidance says

(EPA)

Bars and pubs with dancefloors will be required to check people’s Covid passes, but only after 1am, according to new regulations for England published by the government.

The imminent introduction of Covid passes – predominately for large venues, including nightclubs – forms a key part of the government’s “plan B” measures that ministers hope will curb the spread of Covid and the new omicron variant.

The measures will be voted on later on Tuesday in the Commons and are almost certain to come into force on Wednesday – despite the prospect of Boris Johnson facing the biggest revolt of his premiership.

Dozens of Tory MPs have indicated they will either vote against or abstain on plans for a Covid pass, forcing the prime minister to rely on support from Sir Keir’s Starmer’s Labour in order to get the public health measures through the Commons.

Under the plans people going to nightclubs and dance halls, alongside mass-audience events, will be required to show a Covid pass – displaying evidence of either two jabs or a recent negative test – as a condition of entry.

However, the newly published regulations also make clear that other “late night dance venues” will also be required to use the pass.

The government has defined these venues as anywhere that opens betweens 1am-5am, serves alcohol after 1am, has a dance floor or space for dancing, and provides music, whether live or recorded, for dancing.

Using an example, the government’s website states: “A bar is open throughout the day and stays open later than 1am. It meets the criteria for mandatory use of the NHS Covid pass (because it provides music and a dance floor, serves alcohol and stays open later than 1am).

“The manager is not required to check the Covid-19 status of anyone who leaves the venue before 1am but must take reasonable measures to ensure that everyone who remains in, or enters, the premises after 1am has the NHS Covid pass.”

It adds that venues may either choose to check all visitors for the entire time of opening or check all visitors who remain in the venue immediately before 1am.

Under the regulations, people who use fake Covid passes also face fines of £10,000 under a new criminal offence, which could also see businesses shut down by councils if they fail to comply with the rules or show they are carrying out suitable checks on customers attending events.

The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021 make it an offence to make, adapt, supply or offer to supply “false evidence of Covid status to another person” which is known to be “false or misleading” as of 6am on Wednesday.

Venues which do not comply with rules on carrying out checks or ignore improvement or closure notices issued by councils could be fined £1,000 in the first instance, reduced to £500 if paid within 14 days.

This increases to £2,000 and £4,000 for second and third offences and jumping to £10,000 for fourth or any subsequent offences thereafter.