PHO Issues Updated Order Regarding In-Person Service at Restaurants and Pubs

On May 22, 2020, British Columbia’s Provincial Health Officer issued a new order directed at certain food and drink establishments as part of the province’s phased re-opening. This order replaces the food and drink establishment order dated May 15, 2020, which we discussed here.

The new order provides specific rules for the provision of in-person services at the following food and drink establishments:

• places at which food and/or drink are prepared and served, or meals and alcoholic drinks are prepared and served (e., restaurants, cafes and pubs which serve meals);
• retail liquor establishments, including breweries, wineries, distilleries with on-site retail store licensing, and retail liquor and wine stores or other liquor license holders with off-site sales licensing;
• private clubs and golf courses, including those that do not offer meal service on premises; and
• wineries, breweries and distilleries with lounge or tasting room licensing.

Establishments holding any type of liquor license not specifically mentioned in the Provincial Health Officer’s order, including night clubs, must remain closed.

Generally speaking, the foregoing establishments may serve customers in-person if they comply with the following rules:

• operate at a maximum of 50% of usual capacity;
• arrange seating to provide at least 2 metres of physical distance between patrons not in the same party, whether at table or counter seating;
• physically distance 2 metres between all patrons not in the same party, and from staff;
• seat no more than 6 patrons at one table;
• hold no events at the establishment that include more than 50 people; and
• if practicable, retain contact information of one member from every party for 30 days, in the event there is a need for contact tracing.

Food and drink establishments that are re-opening to in-person service should ensure they review and comply with the guidelines published by WorkSafeBC, which we reviewed here.

The Provincial Health Officer’s new food and drink establishment order can be reviewed here.

If you have any questions about this article, please contact Sari Wiens, Ilan Burkes, Nicole Toye or Jessica Fairbairn.

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