June 16, 2021

The BOE publishes the new restrictions for hospitality and nightclubs that several communities refuse to apply


The Official State Gazette (BOE) has published this Saturday the agreement of the Interterritorial Council of the National Health System with the new restrictions on hospitality and nightlife. These measures, which according to the Ministry of Health are mandatory, were approved unanimously, with the votes against by Madrid, Catalonia, Galicia, Andalusia and Murcia, which threaten to appeal them to the courts, and the abstention of Castilla y León and Euskadi, which has already said that it will apply its own framework of measures.

The new measures take into account the alert levels included in the document for their application. ‘Coordinated response actions to control the transmission of COVID-19’, March 2021. Although this document established “recommended measures” that assumed “the frame of reference, taking into account that they can be adapted and contextualized to each autonomous community and territory according to the evolution of the epidemiological situation,” the new ministerial order It already establishes obligations, with effect “until the end of its validity is approved by the Minister of Health.”

The autonomous communities may reopen nightlife venues and discos when they are at alert level 1 or the new normal. But it will not be possible to return as before the pandemic: consumption will be carried out at the table, so it will not be possible to dance, with a maximum of 6 people inside, where it will not be possible to exceed 50% of the capacity, and 10 on terraces, and the closing time will be at most until 2:00 a.m., and can be extended until 3:00 a.m.

The ministerial order establishes that the communities at alert level 2 in which “the complementary indicators for estimating the alert level present a favorable evolution”, may “assess authorizing the opening of nightlife venues.” However, Andalusia already allowed the opening of discos until 2 in the morning.

In the hotel, restaurant and terrace establishments, as well as in the beach bars, which are in territories outside the risk levels, a capacity of 50% is allowed, which can be increased to 60% if they have measures of control that guarantee the ventilation and the control of the quality of the air. On the terrace, 100% of the capacity can be completed, respecting the safety distance between tables. These can have a maximum of 10 people, which is reduced to six inside. Bar consumption is also authorized, keeping a minimum of 1.5 meters between customers. The closing time may be extended until 1 in the morning, but it will stop serving at 00 hours.

In areas with alert levels from 1 to 4, the provisions of the coordinated response actions document must be followed. That is, opening of 50% of indoor capacity in areas at alert level 1; opening of a third of the capacity at alert level 2; and interior closure at alert levels 3 and 4.

Currently, Galicia, Cantabria, Navarra, the Valencian Community, Murcia, Extremadura, the Canary Islands and the Balearic Islands and the provinces of Zamora, Salamanca, Cádiz, Málaga, Almería, Albacete, Cuenca and Huesca are at alert level 1. Esukadi, Palencia, Valladolid, Seville and Granada have the worst records, with an alert level 3, according to the latest Health report on the main indicators for monitoring COVID-19, last Thursday. The rest of the provinces are at level 2.



Regarding non-ordinary mass events and activities, the ministerial order of this Saturday in the BOE does not establish specific measures, but refers to the document published in March and an assessment in accordance with the provisions of the document ‘Recommendations for mass events and activities in the context of the new normal for COVID-19 in Spain’September 2020, which the organizers must carry out in coordination with the local authorities to implement additional specific measures to reduce the risk of transmission, “if necessary.”

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