Working from annex as a personal trainer Tier 3

stoneman

My wife is a self employed personal trainer and we are in Tier 3. She is one of the forgotten as she only started last year so gets no support.  (We don't qualify for UC)
As of today it being announced that we are to continue in Tier 3 we have been searching to see if there is some way she can continue. 
She works from an annex to our house with its own entrance.( no local gyms are available for her to work from). At no time do clients come into our house. We have read that 1to1 personal training should be carried out in a gym but crucially SHOULD NOT be taken at home in Tier 3.  
So this "should not" is only advisory not regulation or law. 
Is this at all possible. 
I don't want to get into arguments of the dangers or none of mixing with other people, this is purely a question of whether she is allowed or not. 

Grumpy_chap

"Should be carried out in a gym."
Is the annex a gym?

sheramber

A gym will be regulated and have to comply with covid regulations regarding cleaning , hygiene and  sanitising.
Can your wife comply with  them?
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/providers-of-grassroots-sport-and-gym-leisure-facilities

Jeremy535897

I don't think the legislation permits it. See:
https://www.legislation.gov.uk/uksi/2020/1374/contents/made

You start with schedule 3:

Participation in gatherings in private dwellings and other indoor spaces

1.—(1) No person may participate in a gathering in the Tier 3 area which—

(a)consists of two or more people, and

(b)takes place in a private dwelling or in any indoor space.

...

(3) Sub-paragraphs (1) and (2) do not apply if any of the exceptions set out in paragraph 4 or 5 applies.

In my opinion, the only possible relevant exception is:

Exception 2: permitted organised gatherings

(3) Exception 2 is that—

(a)the gathering is a permitted organised gathering, and

(b)the person concerned participates in the gathering alone or as a member of a qualifying group (see paragraph 7).

But permitted organised gathering in regulation 6 is:

Permitted organised gatherings

6.—(1) A gathering is a permitted organised gathering for the purposes of these Regulations if paragraph (2) or (3) applies.

(2) This paragraph applies to a gathering if it takes place on or at premises, other than a private dwelling, which are—

(a)operated by a business, a charitable, benevolent or philanthropic institution or a public body, or

(b)part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body.

(3) This paragraph applies to a gathering if it takes place in a public outdoor place not falling within paragraph (2) and—

(a)the gathering has been organised by a business, a charitable, benevolent or philanthropic institution, a public body or a political body, and

(b)the gathering organiser takes the required precautions in relation to the gathering.

If your annexe has a separate rating entry as a business premises, you might just argue the point, but not if it is within the overall council tax charge.

stoneman

Grumpy_chap said:

"Should be carried out in a gym."
Is the annex a gym?

Again ambiguity, “should be” not must. 

Time and time again we are seeing this.
 Tier 3 “Should not” take a foreign holiday but pressed by Martin the relevant department said it isn’t against the law or regulation. 
to answer your question it’s not regulated as a gym but is registered with the local council as a place she is allowed to use for the business of personal training. 

stoneman

sheramber said:

A gym will be regulated and have to comply with covid regulations regarding cleaning , hygiene and  sanitising.
Can your wife comply with  them?
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/providers-of-grassroots-sport-and-gym-leisure-facilities

Those that apply to her space? Yes

Jeremy535897

stoneman said:

Grumpy_chap said:

"Should be carried out in a gym."
Is the annex a gym?

Again ambiguity, “should be” not must. 

Time and time again we are seeing this.
 Tier 3 “Should not” take a foreign holiday but pressed by Martin the relevant department said it isn’t against the law or regulation. 
to answer your question it’s not regulated as a gym but is registered with the local council as a place she is allowed to use for the business of personal training. 

It doesn't matter. Indoor gatherings in private dwellings are not permitted in Tier 3, and the annex is still part of the private dwelling (as I said, if it was rated separately, there just might be an argument).

68ComebackSpecial

Does the annex attract it's own council tax bill and are these business rates? If not I don't see how the annex would be considered as a separate building and not part of your home.

stoneman

Jeremy535897 said:

stoneman said:

Grumpy_chap said:

"Should be carried out in a gym."
Is the annex a gym?

Again ambiguity, “should be” not must. 

Time and time again we are seeing this.
 Tier 3 “Should not” take a foreign holiday but pressed by Martin the relevant department said it isn’t against the law or regulation. 
to answer your question it’s not regulated as a gym but is registered with the local council as a place she is allowed to use for the business of personal training. 

It doesn't matter. Indoor gatherings in private dwellings are not permitted in Tier 3, and the annex is still part of the private dwelling (as I said, if it was rated separately, there just might be an argument).

But it’s not considered as indoor gatherings. 1to1 instruction has a separate section. 

In tier 3 areas, group activity is not permitted indoors. Personal trainers are only permitted to undertake 1:1 sessions, or sessions for a group only if they’re all from the same household. This should not take place in a private house, so should take place in a gym or sport facility. 

So again the words “should not” not “must not”

stoneman

Jeremy535897 said:

I don't think the legislation permits it. See:
https://www.legislation.gov.uk/uksi/2020/1374/contents/made

You start with schedule 3:

Participation in gatherings in private dwellings and other indoor spaces

1.—(1) No person may participate in a gathering in the Tier 3 area which—

(a)consists of two or more people, and

(b)takes place in a private dwelling or in any indoor space.

...

(3) Sub-paragraphs (1) and (2) do not apply if any of the exceptions set out in paragraph 4 or 5 applies.

In my opinion, the only possible relevant exception is:

Exception 2: permitted organised gatherings

(3) Exception 2 is that—

(a)the gathering is a permitted organised gathering, and

(b)the person concerned participates in the gathering alone or as a member of a qualifying group (see paragraph 7).

But permitted organised gathering in regulation 6 is:

Permitted organised gatherings

6.—(1) A gathering is a permitted organised gathering for the purposes of these Regulations if paragraph (2) or (3) applies.

(2) This paragraph applies to a gathering if it takes place on or at premises, other than a private dwelling, which are—

(a)operated by a business, a charitable, benevolent or philanthropic institution or a public body, or

(b)part of premises used for the operation of a business, a charitable, benevolent or philanthropic institution or a public body.

(3) This paragraph applies to a gathering if it takes place in a public outdoor place not falling within paragraph (2) and—

(a)the gathering has been organised by a business, a charitable, benevolent or philanthropic institution, a public body or a political body, and

(b)the gathering organiser takes the required precautions in relation to the gathering.

If your annexe has a separate rating entry as a business premises, you might just argue the point, but not if it is within the overall council tax charge.

Thanks, I think that covers it. Although the annex has permission to be used for the purpose, it is still covered within our property council tax.

Jeremy535897

stoneman said:

Jeremy535897 said:

stoneman said:

Grumpy_chap said:

"Should be carried out in a gym."
Is the annex a gym?

Again ambiguity, “should be” not must. 

Time and time again we are seeing this.
 Tier 3 “Should not” take a foreign holiday but pressed by Martin the relevant department said it isn’t against the law or regulation. 
to answer your question it’s not regulated as a gym but is registered with the local council as a place she is allowed to use for the business of personal training. 

It doesn't matter. Indoor gatherings in private dwellings are not permitted in Tier 3, and the annex is still part of the private dwelling (as I said, if it was rated separately, there just might be an argument).

But it’s not considered as indoor gatherings. 1to1 instruction has a separate section. 

In tier 3 areas, group activity is not permitted indoors. Personal trainers are only permitted to undertake 1:1 sessions, or sessions for a group only if they’re all from the same household. This should not take place in a private house, so should take place in a gym or sport facility. 

So again the words “should not” not “must not”

Guidance always has ambiguity, which is why it is best to read the law, which appears unequivocal here.