OPENING OF BARS AND RESTAURANTS IN PHASE 1 OF COVID19 DE-ESCALATION

Bars, restaurants, and other hostelry services will be allowed to commence a restricted activity on Monday 11th of May following the Order published today. You can find a quick analysis in this article.

You can see ligth at the end of the tunnel

Today it has been published the Order regulating the opening of commercial premises, under a new regulation, adapted to PHASE 1 of  the Government plan for lifting the restrictions of the state of alarm.

This article is referred to bars and restaurants, and for more information you can read the Order SND/399/2020, which you can visit in BOE

We hope this information is useful in helping the planning of how to reopen.

Current concerted take away, and home delivery will continue, while open air terraces are now permitted.

REOPENING OF THE OUTDOOR TERRACES OF THE HOSTELRY OUTLETS.

50% tables

Outdoor terraces can reopen to the public service limited to 50% of the tables allowed in the year immediately preceding, as per the municipal license. In any case, it must keep the proper physical distance of at least two metres between the tables or, where appropriate, grouped tables.

Any uncovered space or any space that while covered is surrounded laterally by a maximum of two walls is considered as an outdoor terrace.

City Council permission to increase the terrace surface

In the event that the hostelry outlet is granted permission by the City Council to increase the area for the outdoor terrace, then the number of tables provided for in the previous section may be increased, though the increased number of tables must respect the proportion area available/tables resulting of the 50% limitation of the tables allowed on the original available space authorized. The pedestrian space on the same section of the Public street where the terrace is located will be increased proportionally. –

People per table

The maximum occupancy per table or grouped table shall be ten persons. The table or group of tables used for this purpose shall correspond to the number of persons, allowing the respect of the minimum interpersonal security distance.

Bares, que lugares, tan buenos para conversar / Bars, what places places, so good to chat

HYGIENE AND/OR PREVENTION MEASURES IN THE PROVISION OF THE TERRACED SERVICE.

The following hygiene and/or prevention measures shall be carried out in the provision of the service on the terraces of the hostelry outlets:

a)            Cleaning and disinfection of the terrace equipment, in particular tables, chairs, as well as any other contact surface, between the service tom one customer and the service to the next customer.

b)           The use of single-use tablecloths shall be prioritized. In the event that this is not possible, the use of the same tablecloth or tablemat with different customers should be avoided, opting for materials and solutions that facilitate the change between services and their mechanical washing in washing cycles between 60 and 90 degrees Celsius.

c)            Dispensers of hydroalcoholic gels or disinfectants with viricidal activity  – authorized and registered by the Ministry of Health – shall be made available to the public, in any case, at the entrance of the establishment or premises, which must always be in conditions of use.

d)           It will be avoided the common use of physical menu lists or carte lists, opting for the exhibition by electronic devices, whiteboards, posters or other similar means.

(e)          Auxiliary elements of the service, such as crockery, glassware, cutlery or tablecloths, among others, shall be stored in closed enclosures and, if this is not possible, will be kept away from areas of passage of customers and employees.

f)            Removal of Self-service products such as napkins, toothpicks, vinegar and oil bottles, and other similar utensils. These will not be used, prioritizing disposable monodose or the service in other formats upon request.

(g)          Customers, visitors, and users can use the toilets one at a time, with the exception of persons needing assistance who can be accompanied by one person. The toilets will have to be cleaned and disinfected at least 6 times a day.

GENERAL MEASURES ALSO APPLICABLE TO HOSTELRY

Follows below

Let’s forget the empty tables and the empty chairs

HYGIENE AND/OR PREVENTION MEASURES FOR EMPLOYEES.

Risk prevention plus new prevention measures.

Without prejudice to compliance with the labor risk prevention regulations and labor regulations, the operator of the economic activity shall take the necessary measures to comply with the hygiene and/or prevention measures for workers.

Hydroalcoholic gels or disinfectants with viricidal activity, protective equipment

In this regard, it shall ensure that all workers have permanently at their disposal in the workplace hydroalcoholic gels or disinfectants with viricidal activity authorized and registered by the Ministry of Health for the cleaning of hands, or where this is not possible, water and soap. In addition, where the interpersonal safety distance of approximately two meters cannot be guaranteed, it shall ensure that workers have protective equipment appropriate to the level of risk. In this case, all personnel must be trained and informed about the correct use of the aforementioned protective equipment.

The preceding paragraph shall also apply to all workers of third parties delivering services to the outlet.

Fingerprint replaced

Fingerprint signing shall be replaced by any other time control system ensuring adequate hygiene measures for the protection of the health and safety of workers, or the signing device shall be disinfected before and after each use. Workers must be warned of this measure.

Workplaces minimum interpersonal security distance

The arrangement of individual workplaces, the organization of shifts and other working conditions formerly existing shall be modified, to the extent necessary, to ensure the possibility of maintaining the minimum interpersonal security distance of two metres between workers. This is responsibility of the owner or, where appropriate, the director, or of the person to whom they delegate them.

Changing rooms, lockers and toilets

The minimum interpersonal security distance shall be complied with, where appropriate, in the changing rooms, lockers and toilets of the workers, as well as in any other common area.

What if a worker shows symptoms

If a worker shows symptoms compatible with the disease, he or she shall immediately contact the specific alarm telephone number of the Autonomous Community or health centre and, where appropriate, with the corresponding risk prevention services. Where possible, the worker shall put on a mask, and must leave, in any case, his job until his medical situation is assessed by a healthcare professional.

AVOIDING MASS COINCIDENCE IN THE WORK PLACE

Organizing the hours to avoid coincidence

Without prejudice to the adoption of the necessary collective and individual protection measures, the centers shall make the adjustments to the time organization which are necessary to avoid the risk of mass coincidence of persons, workers or not, in spaces or workplaces during the time slots of maximum influx or concentration, taking into account the geographical area concerned, and in accordance with the following:

Mass coincidence risk definition

There shall be a risk of mass coincidence of persons where there are no reasonable expectations that minimum safety distances, particularly in the arrival and exit time, shall be considered to exist, taking into account both the likelihood of mass coincidence of workers and the affluence of other persons that can be foreseen or periodic.

The adjustments above shall be made taking into account the instructions of the competent authorities and, where appropriate, the provisions of the applicable labor and conventional legislation.

HYGIENE MEASURES REQUIRED FOR THE ACTIVITIES.

Appropriate to the level of risk

The holder of the economic activity shall ensure to adopt the cleaning and disinfection measures appropriate to the characteristics and intensity of use of his activity as provided for in this order are taken.

Common areas, common surfaces

Special attention shall be paid to common areas and common contact surfaces such as door knobs, tables, furniture, handrails, floors, telephones, hangers, and other elements of similar characteristics,

Guidelines for cleaning and disinfection

a) Disinfectants shall be used, such as freshly prepared bleach dilutions (1:50) or any of the disinfectants with viricidal activity which are on the market and which have been authorised and registered by the Ministry of Health. The indications on the label shall be respected in the use of this product.

b) After each cleaning, the materials used and the protective equipment will be safely disposed of, and then hands will be washed.

Cleaning measures will also be extended, where appropriate, to workers’ private areas, such as changing rooms, lockers, toilets, kitchens and rest areas.

In addition, where there are jobs positions shared by more than one worker, cleaning and disinfection of the post will be carried out after the completion of each use, with special attention to furniture and other elements susceptible of manipulation.

Uniforms

In the case of uniforms or work clothes, daily washing and disinfection shall be carried out, and must be washed mechanically in washing cycles between 60 and 90 degrees Celsius. In cases where uniform or work clothing is not used, clothing used by workers in contact with customers, visitors or users must also be washed under the conditions indicated above.

Periodic ventilation

Periodic ventilation tasks should be carried out in the premises and at least daily and for a space of five minutes.

Elevators and service lifts

Where there is an elevator or service lift their use shall be limited to the minimum requirement and the stairs shall preferably be used. Where it is necessary to use them, the maximum occupancy of them shall be of one person, unless it is possible to guarantee the separation of two meters between them, or in those cases of persons who may require assistance, in which case the use by their companion will also be permitted.

Toilets

Where the use of toilets is permitted by customers, visitors or users, their maximum occupancy shall be one person, except in those cases of persons who may require assistance, in which case the use by their companion will also be permitted. The toilets must be cleaned and disinfected at least six times a day.

Payment, preferred by card

Payment by card or other means that do not involve physical contact between devices shall be encouraged, avoiding, as far as possible, the use of cash. The dataphone will be cleaned and disinfected after each use, as well as the POS if the employee using it is not always the same.

Bins

Bins shall be available, if possible with lid and pedal, in which handkerchiefs and any other disposable material can be deposited. These bins should be cleaned frequently, and at least once a day.

General provision

These are general provisions and shall apply without prejudice to the cleaning and disinfection specialties laid down for specific sectors.

And should you have any doubt, you can contact Morenilla & Sanchez Abogados in the contact details of our web.

Our best wishes for your business and for you all

If you have any doubt you can write to us with no compromise to: info@ms-legal.es

Please allow some time for the answer. Should the number of questions be high we will publish an FAQ

OPENING OF BARS AND RESTAURANTS IN PHASE 1 OF COVID19 DE-ESCALATION
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