COVID‑19 (Temporary Measures) (Reopening — Control Order) (Amendment No. 2) Regulations 2022

No. S 316

COVID-19 (Temporary Measures) Act 2020

COVID‑19 (Temporary Measures)
(Reopening — Control Order)
(Amendment No. 2) Regulations 2022

In exercise of the powers conferred by section 34(1) of the COVID‑19 (Temporary Measures) Act 2020, the Minister for Health makes the following Regulations:

Citation and commencement

1. These Regulations are the COVID‑19 (Temporary Measures) (Reopening — Control Order) (Amendment No. 2) Regulations 2022 and come into operation on 19 April 2022.

Amendment of regulation 2

2. Regulation 2 of the COVID‑19 (Temporary Measures) (Reopening — Control Order) Regulations 2022 (G.N. No. S 179/2022) (called in these Regulations the principal Regulations) is amended —

(a)

by deleting the words “regulation 2(1)” in the definitions of “authorised service”, “specified accommodation”, “specified dormitory”, “specified hostel” and “specified school” in paragraph (1) and substituting in each case the words “regulation 2”;

(b)

by deleting paragraph (a) of the definition of “enhanced entry control” in paragraph (1) and substituting the following paragraph:

“(a)	has a cleared status or, if the place is a nightclub, has a cleared status and a 24‑hour clearance; or”;

(c)

by inserting, immediately after the definition of “movement control measure” in paragraph (1), the following definition:

“ “nightclub” has the meaning given by the Third Schedule;”; and

(d)

by inserting, immediately after paragraph (5), the following paragraph:

“(6) For the purposes of these Regulations, an individual is treated as having a 24‑hour clearance only if he or she is and to the extent certified under regulation 7 of the ARC Regulations as having a 24‑hour clearance and that 24‑hour clearance is current.”.

Amendment of First Schedule

3.—(1) Part 3 of the First Schedule to the principal Regulations is amended —

(a)

by deleting paragraph 6;

(b)

by deleting the words “, 3 and 6” in paragraphs 7(1) and 9 and substituting in each case the words “and 3”;

(c)

by inserting the word “and” at the end of paragraph 7(2)(a);

(d)

by deleting sub‑paragraph (b) of paragraph 7(2);

(e)

by deleting sub‑paragraph (3) of paragraph 7;

(f)

by inserting, immediately after paragraph 9, the following paragraph:

“10.—(1) A permitted enterprise carrying on a retail liquor business must comply with the requirements in paragraphs 1, 2 and 3 in respect of its permitted premises where it carries on the retail liquor business as though those premises were a retail food and drinks establishment.

(2) Paragraphs 7 and 9 apply in relation to a retail liquor establishment as they apply in relation to a retail food and drinks establishment.”; and

(g)

by deleting the Part heading and substituting the following Part heading:

“PART 3 — RETAIL FOOD AND
DRINKS ESTABLISHMENTS AND
RETAIL LIQUOR ESTABLISHMENTS”.

(2) Part 4 of the First Schedule to the principal Regulations is deleted.

(3) The First Schedule to the principal Regulations is amended by inserting, immediately after Part 5, the following Part:

“PART 6 — NIGHTCLUBS AND KARAOKE LOUNGES

1. The permitted enterprise that is the occupier of a place which is a nightclub or karaoke lounge must comply with the requirements in paragraphs 1, 2 and 3 of Part 3 of this Schedule in respect of the conduct of the business of the nightclub or the karaoke lounge at the place as though the place were a retail food and drinks establishment.

2. The permitted enterprise that is the occupier of a place which is a nightclub must take all reasonably practicable measures to ensure that every customer has a 24‑hour clearance when he or she enters and remains in the nightclub.”.

Amendment of Part 1 of Second Schedule

4. Part 1 of the Second Schedule to the principal Regulations is amended by inserting, immediately after item 3, the following item:

“

4.	A place that is a nightclub.

The number that is 75% of the maximum number of individuals specified in the most recent approval under section 55 of the Fire Safety Act 1993 relating to that place, rounded up to the nearest whole number.

”.

Amendment of Third Schedule

5. The Third Schedule to the principal Regulations is amended —

(a)

by inserting, immediately after the definition of “audience member” in paragraph 1(1), the following definition:

“ “bar” means any place or premises at which a retail liquor business is for the time being carried on;”;

(b)

by inserting, immediately after the definition of “interviewer” in paragraph 1(1), the following definition:

“ “nightclub” means any place or premises (whether or not an open‑air area or part of a hotel, club, retail food and drinks establishment, bar, retail shopping centre or casino) —

(a)

where an occupier thereof uses to carry on a business consisting principally of —

(i)

the provision of facilities for the purposes of dancing by customers to —

(A)	continuous live music presented by performers present in person performing there, after disregarding reasonable intervals between acts or performances; or
(B)	continuous recorded music presented either personally by an individual (such as a disc jockey) employed or engaged to do so, or by any other means, after disregarding reasonable intervals between sets of recorded music; and

(ii)

the sale or supply of liquor for immediate consumption while the facilities and entertainment mentioned in sub‑paragraph (i) are provided;

(b)

where the predominant activity at the place or premises when carrying on that business is dancing by the customers; and

(c)

where that business is carried on at the place or premises primarily during hours after sunset, or is or may reasonably be characterised as a nightclub, cabaret or discotheque;”;

(c)

by deleting the words “, but not a nightclub or hostessing club” in paragraph (c) of the definition of “retail liquor business” in paragraph 1(1); and

(d)

by inserting, immediately after paragraph 2, the following paragraph:

“3. To avoid doubt, the definition of “nightclub” in paragraph 1(1) does not prevent any place or premises that is a nightclub from being a retail food and drinks establishment or a bar during any period when the predominant activity taking place in the place or premises is not dancing by the customers.”.

[G.N. No. S 225/2022]

Made on 18 April 2022.

NG HOW YUE

Permanent Secretary
(Health Development),
Ministry of Health,
Singapore.

[AG/LEGIS/SL/65C/2020/23 Vol. 3]

(To be presented to Parliament under section 34(4) of the COVID‑19 (Temporary Measures) Act 2020).

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