Covid Offences - Investigation and Enforcement - Find a freedom of information request

Request

1.Please can you disclose, preferably by PDF, any service level agreement or similar between Lincs Trading Standards and Lincs Police relating to the investigation or enforcement of Covid offences.

For example, heard of shoppers not wearing masks, Police contacted but said to contact Trading Standards - heard that Trading Standards then said contact the Police.

2.Any agreement as to which should deal with offences such as this, or indeed any other breach of coronavirus law,

3.or in what circumstances specific offences would be handled by the police and when they would be handled by Trading Standards.

4.Any recent correspondence between Trading Standards and Police as to who should deal with coronavirus offence, in other words in past two weeks or so as mask mandates have only recently been reimposed in law in Lincolnshire.

5.Also any business related offences regarding retention of information or collection for Test and Trace, failure to check vaccination status of attendees - has their been and if so please release any correspondence between Trading Standards/Police as to who will be dealing with these offences or starting the communication channel to decide on such issue as suspect such correspondence on so-called vaccine passports issue will only be in the last 48 hours or so.

Decision

1. No information held.

The Health Protection (Coronavirus, Wearing of Face Coverings) (England) Regulations 2021 determine that the enforcement for failing to wear a face covering while entering or remaining in a ‘relevant place’ (i.e a shop) would fall to the police. The local authority (including county councils in two tier areas) are responsible for enforcing regulations 6 and 7 of the forementioned regulations. This relates to the requirements placed on business owners to display the required signage for the wearing of face coverings on their premises and not preventing a person from wearing a face covering.

2. Please see above. The regulations determine the differing offences and who the enforcement body is for each.

3. Please see above. The regulations determine the differing offences and who the enforcement body is for each.

4. Please see above. The regulations determine the differing offences and who the enforcement body is for each.

5. No complaints received to this service regarding the examples given in question 5. No correspondents held between Trading Standards and the police regarding who is dealing with offences under the Health Protection (Coronavirus Restrictions) (Entry to Venues and Events) (England) Regulations 2021.

Under these regulations, regulation 7 (7) states businesses need to retain their records for a period of 3 months after the relevant event or occasion. Statements on certification policy, etc need to be retained while the regulations are in force, plus 3 months. Powers to request production of these documents from businesses within 3 working days or as part of an inspection are powers granted to local authorities. Failure to do so can result in a Coronavirus Improvement Notice, Coronavirus Immediate Restriction Notice or Coronavirus Restriction Notice, issued by the local authority. Failure to comply with any of these can result in Fixed Penalty Notices. The Fixed Penalty Notice can be issued by the local authority or police. 

Reference number
FOI 3064509
Date request received
22 December 2021
Date of decision
18 January 2022