Mask wearing legalities

[MistressoftheDarkSide]

Disclaimer - am not looking for debate about the benefits or otherwise of mask wearing - totally over that and resigned to the hedging ones bets for the greater good and all that stance.....

However, as a very small independent retailer finally opening my new premises on Thursday, and mindful of the prospect of fines, where can I find out if I as proprietor am in any way liable if someone in my shop refuses to wear a mask but is not exempt?

Quick glance at ye olde Guardian yields an article about fines etc, and another which addresses my concerns but doesn't really answer them, especially with the quote from a police spokesperson that it is expected retailers will be the front line of enforcement.

"https://www.theguardian.com/business/2021/nov/29/uk-shops-covid-mask-rules-abuse-omicron-variant

Any thoughts?

Iceland (the shop) have said they won’t ask staff to enforce it, and to be honest despite the outrage on Twitter over this, that seemed to be the policy of most supermarkets when masks were mandatory last time.
Sainsbury’s had tannoy announcements saying something along the lines of “please wear a mask but also remember that some people can’t and be considerate”

So they must feel happy that legally they don’t have to be the ones enforcing this and it won’t come back on them.

@MLMshouldbeillegal

It's not up to you to police it, really.

I am a volunteer in a charity shop - in Scotland - where the wear a mask mandate has never gone away. I just don't feel it's my place or duty to start challenging people. Some of my fellow volunteers do challenge people, customers will either immediately put a mask on saying they'd forgotten, or say they are exempt. Proof of exemption is not a thing so where do you go from there? Stand up shouting match with the customer? Frog march them out of the shop? Call the police and detain the customer until they arrive?

Nobody working or volunteering in a shop should be expected to do that. So you put a notice on the door reminding people they should wear a mask if they can, and leave it at that.

Practically, this is what it comes down to. There's also always a risk that the person being denied entry is indeed exempt due to disability or medical condition and quite understandably many retailers won't want to take that risk.

I suppose you could add to your sign, saying something on the lines of, "to protect vulnerable customers we are serving non mask wearers outside" ?
And put a little table and chair outside the door.
Depends on circs really. I'd definitely get FPP2 masks for the staff, then if someone coughs over them they stand more of a chance of not being off for 10 days.

My local deli has

1. made masks compulsory for all staff (lead by example)
2. ask non mask wearing customers to please put one on (charity box with supply of disposable masks adjacent to the door for those who don't have one )
3. if they refuse, tell them that they'll have to be served from the door; goods and a credit card machine will be brought to them (ie no browsing). Seems a fair approach to me, especially for a food business.

@Sparklingbrook

Fines are issued by the police in the form of Fixed Penalty Notices.

I gathered that. As the retail staff can’t. But in reality how does that even work. Unless you have police in every shop?
If the staff call the police because someone’s not wearing a mask they’ll rush right over will they?

What has happened in the past, according to reports in the press, is that shop staff remind customers to wear a face covering. If they don't, the staff call the police. Will they rush right over? Well, it depends how busy they are. A relatively small force (Suffolk) was reported as issuing more than 1000 FPNs for failing to wear a face covering last time it was a legal requirement.

"More than 1000 FPNs a month" I should have said.

Hope it's all going ok @MistressoftheDarkSide