The COVID-19 Public Health Response Act (Alert Level 2) Order 2020 has required a number of updates to the original Level 2 guidance given to hospitality businesses.

For cafes and eateries it is important to note that absolutely no self-service is allowed. Counter tops should be clear and all cabinet or ready-to-go food needs to be adequately covered and out of reach of customers. 

Business owners are encouraged to phone the association for clarification on any points they are struggling with.

A number of new measures have been put in place. Refer to Clause 12 of the Order.

From 14th May 2020, Clause 12 of the Order specifies:

Businesses such as restaurants or cafes must:

  • Permit no more than 100 customers (or clients) to be in the premises at any one time (excluding staff)
  • Ensure that each customer or client is seated at a table (other than when entering, using a toilet or bathroom, paying, or departing)
  • Ensure that no more than 10 customers or clients are seated at a table together
  • Ensure that adjacent tables are arranged so there is at least a 1-metre separation between the seated customers (or clients) at adjacent tables
  • Ensure that only 1 person serves at any table
  • Keep records to enable contact tracing of customers (or clients) who enter the business to consume their food / drink on the premises.

In addition, from 14th May until 8am on 21st May, in the case of on-licence premises, the business needs to ensure that

  • No alcohol is supplied on the premises unless the buyer is a customer or client present on the premises to dine. While there is no definition of what constitutes “to dine”, it is considered that the food should be something more than snack food.

For businesses like those offering takeaway services, different measures have also been put in place. Refer to Clause 10 of the Order.

From 14th May 2020, Clause 10 of the Order specifies the business must:

  • Ensure that all people who enter the workplace or use its services remain 2 metres away from each other and from staff (to the greatest extent practicable)
  • Ensure that if food or drink is sold or provided for consumption on the premises that the measures listed above (outlined in Clause 12 of the Order) are followed.

Customer contact details are not required to be collected for customers only on the premises for ordering / picking up a takeaway order.

Please note that members have indicated a number of Police/enforcement officers have been in touch since the Order was released.

An enforcement officer who has reasonable grounds to believe that a business is not operating to the requirements outlined in the Order may issue an infringement notice, or impose conditions on the business’ operation and may direct any person who appears to be in charge of the business to close and cease operation. This will be for a period that does not exceed 24 hours after it is given.

Information from the Government on operating at this Level is available here:

A reminder of the rules for hospitality under Alert Level 2:

  • Workers should also stay one metre apart from each other, where practicable.
  • Use a single server per group, if possible.  This means each group has one server, though servers can each serve more than one table.
  • Hospitality businesses should keep groups seated.
  • Different groups should be kept one metre apart.
  • Limit the number of people inside at any time so that physical distancing can be maintained – no more than 100 guests.
  • Make sure that people don’t need to queue near other people to enter, pay, or go to the bathroom.
  • Provide good facilities for people to wash their hands thoroughly and regularly.
  • Maintain a contact tracing register with details of everyone that has entered your premises.
  • Delivery, drive-through or contactless pick up by customers is still permitted. Businesses must aim to avoid having people queue, and if they are queueing make sure they’re able to maintain physical distancing.

Visit for more information.

Download the Operating at Level 2 guide here.