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Home deliveries

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  • GDB2222
    GDB2222 Posts: 26,272 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Surely, if there’s a sign up from the building owners saying not to come in without a mask, that’s valid, and the driver is trespassing? It doesn’t matter if he’s exempt, as I can exclude him.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Pollycat
    Pollycat Posts: 35,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    GDB2222 said:
    Surely, if there’s a sign up from the building owners saying not to come in without a mask, that’s valid, and the driver is trespassing? It doesn’t matter if he’s exempt, as I can exclude him.
    Is the driver really trespassing if he is delivering an order placed by a resident of the building?
    The law is in The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 at https://www.legislation.gov.uk/uksi/2020/791/contents
    People are required to wear a mask in a "relevant place", which is defined in the schedule. That schedule includes public areas in hotels and hostels, but not in blocks of flats.


    He may be committing an offence (no idea which though, perhaps you can suggest which applies) but I doubt he's trespassing.
    Can you exclude him from the whole building if you don't personally own the public areas?


  • Jeremy535897
    Jeremy535897 Posts: 10,733 Forumite
    10,000 Posts Fifth Anniversary Photogenic Name Dropper
    GDB2222 said:
    Surely, if there’s a sign up from the building owners saying not to come in without a mask, that’s valid, and the driver is trespassing? It doesn’t matter if he’s exempt, as I can exclude him.
    Trespass is about being somewhere you have no right to be, not being somewhere without a mask. Otherwise anyone visiting a shop without a mask on would be trespassing.

    Owners can put up a sign saying mask wearing is compulsory, or require visitors to wear a full Hazmat suit for that matter, but it is not enforceable.
  • JamoLew
    JamoLew Posts: 1,800 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 13 February 2021 at 12:37PM
    I think people need to get a grip and start to learn (or prepare)to live with this virus rather than shutting themselves away from all humanity hoping the problem will go away --- IT WONT

    If certain scenarios make you uncomfortable - then look at what you can change and control over it.

    As we have seen in the last 12 months, relying on other people to do the right thing, or follow simple instructions doesn't work in our society and/or there may a very valid (but unseen/unknown) reason why they aren't


  • heatherw_01
    heatherw_01 Posts: 6,800 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I haven't seen a single delivery driver, including groceries with a mask tbh through the entire pandemic other than the first lockdown. I am guessing they don't have to.
    I am high risk as is the person I live with. They get very close when helping unpack food and don't have a mask.
    I once asked a few and they said "we don't have to wear one so no one does"
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  • GDB2222
    GDB2222 Posts: 26,272 Forumite
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    edited 13 February 2021 at 1:03PM
    GDB2222 said:
    Surely, if there’s a sign up from the building owners saying not to come in without a mask, that’s valid, and the driver is trespassing? It doesn’t matter if he’s exempt, as I can exclude him.
    Trespass is about being somewhere you have no right to be, not being somewhere without a mask. Otherwise anyone visiting a shop without a mask on would be trespassing.

    Owners can put up a sign saying mask wearing is compulsory, or require visitors to wear a full Hazmat suit for that matter, but it is not enforceable.
    With a private house, I can impose whatever conditions I like. "Hard hats must be worn" - that's very common, for example. However, if I decide only to allow in people wearing an academic robe and mortar board, that's entirely my choice. 

    It's more complicated with a block of flats, because it's not clear who has the right to deny access, but it's reasonable to assume that whoever put up the sign mentioned by the OP had the authority to do so. 


    No reliance should be placed on the above! Absolutely none, do you hear?
  • Jeremy535897
    Jeremy535897 Posts: 10,733 Forumite
    10,000 Posts Fifth Anniversary Photogenic Name Dropper
    GDB2222 said:
    GDB2222 said:
    Surely, if there’s a sign up from the building owners saying not to come in without a mask, that’s valid, and the driver is trespassing? It doesn’t matter if he’s exempt, as I can exclude him.
    Trespass is about being somewhere you have no right to be, not being somewhere without a mask. Otherwise anyone visiting a shop without a mask on would be trespassing.

    Owners can put up a sign saying mask wearing is compulsory, or require visitors to wear a full Hazmat suit for that matter, but it is not enforceable.
    With a private house, I can impose whatever conditions I like. "Hard hats must be worn" - that's very common, for example. However, if I decide only to allow in people wearing an academic robe and mortar board, that's entirely my choice. 

    It's more complicated with a block of flats, because it's not clear who has the right to deny access, but it's reasonable to assume that whoever put up the sign mentioned by the OP had the authority to do so. 


    You can impose any condition you like, but you cannot use force to enforce it, and no law enforcement agency will enforce it for you. If you put up a sign saying "No deliveries", you won't get any, of course.
  • Pollycat
    Pollycat Posts: 35,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    GDB2222 said:
    With a private house, I can impose whatever conditions I like. "Hard hats must be worn" - that's very common, for example. However, if I decide only to allow in people wearing an academic robe and mortar board, that's entirely my choice. 

    It's more complicated with a block of flats, because it's not clear who has the right to deny access, but it's reasonable to assume that whoever put up the sign mentioned by the OP had the authority to do so. 


    As the OP lives in a block of flats, I guess he specifically has no say in who can enter public areas, unlike you in your private house.
    It's all well and good putting a sign up regarding compulsory mask wearing but maybe the owner of the flats doesn't actually wish to deny access to people not wearing masks and just hopes that people will comply.
    I see a lot of shops with similar signs up at the entrance but there are people in there who are not wearing masks.

    If the OP persists with this and gets the owner of the flats involved to rigidly enforce compulsory mask wearing by delivery drivers, he may find that the major (unnamed) supermarket declines to fulfill home delivery orders to the building.
    I would be considering the impact of that on getting my shopping delivered by a chap not wearing a mask versus trying to find another major supermarket that has delivery slots available and that do insist on their drivers wearing masks unless exempt.

    Perhaps the OP could tell us what - if any - response he has got from the owner of the building about this issue.

    Or maybe he has got the answer to his question:
    tpv991 said:

    Does anyone know what the official rules are? As ever, gov.uk advice seems to contradict itself with every other sentence. We have to wear a mask to enter the supermarket concerned, but their delivery drivers can potentially spread COVID across an entire apartment block by going up and own in a lift all residents use? That doesn't seem right.

    here:
    The law is in The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 at https://www.legislation.gov.uk/uksi/2020/791/contents
    People are required to wear a mask in a "relevant place", which is defined in the schedule. That schedule includes public areas in hotels and hostels, but not in blocks of flats.




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