Baz's

There have been some guidelines available for some time now : https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/shops-and-branches Have been available since 11/05 and updated a couple of times ( including today so I'm assuming these are the guidelines they are referring to ) , just took me an age to find it in the middle of the govt. website - it currently states : QUOTE The guidance applies to those currently open and will help those that are currently closed consider what their operations need to look like when they are allowed to open. UNQUOTE In very basic terms ( 9 + sections from memory ) it states that you have to undertake a risk assessment, take action to minimise risk ( breaks down into various categories) and then, no joke, says if you are unable to meet a requirement its OK as long as you say you have tried - so you could in theory do nothing and just say - we tried ! Can't see the no win no fee guys and insurance companies accepting the " we tried " statement I cannot do all they suggest, the shop is just too small but I have tried and I'm ready for re-opening , I'm also waiting for a backlash from the retail industry in general and for the guidelines to be changed so all my efforts / cash have been wasted.

Further to above and hopefully to bring clarity to situation , I have this morning received confirmation from solicitor that doing your own deliveries as indicated by Widnes Model Centre is permitted. It does appear that there have been ongoing " tweeks " to regulations as clarity has been sought by many parties on various points and that recently the guidance was amended from showing no reference to deliveries to showing that deliveries were permitted by your own staff ( obviously observing social distancing etc ) . It also appears that at times , unsurprisingly, these changes have been a little slow to filter down to everyone. Once again, I apologize for any confusion that may have been caused, it was not my intention to do so and hope that situation is now clear at this current point of time.

I think that you may have taken original post in the wrong way, and if there has been any offence taken , then I apologize - none was intended , nor was I suggesting that you were breaking the law - you had the OK from your MP , I would have done the same and if anyone tried to enforce against you then you have very good evidence as to why you are operating your own delivery service. All I was advising was that i had received totally different legal advice and then further explanation when you responded. Therefore you could equally double check with your MP that they were correct ? I'm not criticizing you for the delivery service you have set up , in fact good on you and for the service you are providing to your customers. I wish I had received the same advice but I have not so I have to use Royal Mail , Fed Ex etc which at the end of the day is a greater cost to my customers which if I could , I would rather deliver personally in the local area for exactly the reasons you have outlined and probably at a lower cost. I have again checked again this morning and my solicitor stands by their advice along with much further explanation regarding how / why skip drivers / builders merchants / DIY stores etc can continue to operate their own delivery services but its far to lengthy and boring to repeat here. Once again, apologies for any unintentional issues. i have no desire to cause any trouble and certainly not fall out with anyone else in the modelling community.

Advice came from my solicitor who I understand sought clarification. He also used flowers as an example ( one of many items that get delivered daily ) and that flowers can be classified as fresh produce with a short shelf life , therefore like a butcher, a florist can provide a delivery service. Model trains , equipment etc do not tend to be perishable or have a short shelf life and therefore a recognized haulier / courier must be used . Also stated that if you think about it, if every shop in country who could not open started delivering goods in their own vehicles it would completely negate the object of lockdown. Butcher might operate delivery service for vulnerable who are unable to get to shop and with regard to the post office, I agree with you but as the govt. have decreed they can open, then you can use them. Again, if you think about it, the govt. cannot advocate companies to continue supplying by mail order but then say you cannot go to the post office to do so.

The above is interesting as when I took legal advice on the matter, I was told under no circumstances could I suddenly start a delivery service as I was primarily a model shop, not a delivery or transport company and therefore I did not have key worker status. In starting a delivery service I would be deliberately trying to circumvent the lockdown, would be making un-necessary journeys delivering non essential goods and therefore risking spread of the virus. I was advised the test would be - is there a reasonable alternative? The answer being yes, you can use Royal Mail, DHL, FedEx etc, all of which have key worker status as dictated by govt. guidelines. The cost of these services is another matter...……... The only possible exception to above would be for example , a butcher starting to deliver fresh meat, obviously it would not be possible to send via a normal carrier so the butcher could then perform a delivery service as there would be no real alternative plus food is an essential item. By the same virtue, we could not start a click and collect service ( putting lockers outside shop for customer to pick up from ) as we are a non essential shop. We would therefore be encouraging customers to make un-necessary journeys to collect what were deemed to be non essential items and again, there is an alternative to get the goods to the customer. As we already know, the debate about if shops could or could not sell non essential items if they were permitted to open has been a source of confusion and conflict across the country. Anyway, hopefully the indications are that we may see an easing of restrictions soon, life becomes a little easier and that we can re-open albeit with strict practices in place.