B1548 – Public Places (Toilet Accessibility) Bill 2020 Watch

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Andrew97
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B1548 – Public Places (Toilet Accessibility) Bill 2020, TSR Government







Public Places (Toilet Accessibility) Bill 2020, TSR Government

A bill to require provision of toilet facilities in food outlets and large shops to support those with bowel, continence, renal and urinary disorders

BE IT ENACTED by the Queen's most excellent Majesty, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-





1. Definitions

(1). 'Bowel Disorder' shall mean any Inflammatory Bowel Disease as defined by the Chief Medical Officer for England, including but not limited to bowel cancer, Crohn's Disease, Ulcerative Colitis and diverticular diseases.

(2). 'Continence Disorder' shall mean any long-term medical condition supported by a Doctor that requires a person to need the use of a toilet immediately.

(3). ‘Renal and Urinary Disorder’ shall mean any impairment recognised by the National Health Service affecting the kidney and urinary tract in which it may be deemed necessary that a person needs some form of toilet access available to them. This is including but not limited to a Pelvic Ureteric Junction Obstruction, Hydronephrosis, Kidney Stones, Kidney Cancer and Kidney Failure.

2. Certification of necessity for accessibility

(1). In a form agreed by the Chief Medical Officer for England, certification that can be used to identify that a person has one of the disorders covered or deemed appropriate under this Act shall be issued.

(2). This certification should be such that it can be shown upon request.

3. Obligation to provide toilet facilities and punishment

(1). For any person covered by section 2 above, the following places shall be obliged to provide toilet facilities, even if not otherwise available to members of the public:
a. All places serving food and/or drink for the consumption on the premises.
b. All shops defined as large shops within the meaning of the Sunday Trading Act 1994, as having a "relevant floor area" over 280 m2.
c. All local authority and government offices where the public has access to part of the building.

(2) Failure to comply with the requirements of the Act shall lead to a maximum fine of £1,000 per instance of a person being denied access to toilet facilities, and/or £1,000 per day such facilities are not provided.

(3) Should a building required to comply under this Act feel that they should not be required to enforce the obligations, they can apply to the Department of Health and Social Care for a veto - however must have a credible reason for why they can not provide such facilities.

4. Title, Extent, and Commencement

a. This Bill shall be known as the Toilet Accessibility Bill 2020.
b. This Bill shall apply to the United Kingdom
c. This Bill shall take effect from 1 March 2020.

Notes

Access to toilet facilities at short notice is essential for those with the conditions noted in this bill. In most cases of the conditions covered under this bill, they are a ‘hidden’ condition or disability, meaning that the condition is not necessarily noticeable to other people. While many premises are known to accommodate for those with hidden disabilities in terms of toilet access, there are many cases reported in which shops and premises are known to refuse access in circumstances where a hidden disability is involved, causing distress to the person requesting access due to the urgency of the situation.

The addition of having a standard card or certificate issued to those covered under the provisions of this bill would allow those needing toilet accessibility to show the said identification to staff or owners and be able to have access to premises toilets when needed in a matter of urgency.

The implementation period meaning that the enforcement of this bill would not come into effect until 1 August 2020 is designed to allow for a card to be issued and the Chief Medical Officer to decide on the scope of such eligible conditions
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The Mogg
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I'm a simple man, I see a bill forcing businesses to do something and I press Naaaay.
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Saracen's Fez
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I fully support this bill.
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Paracosm
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What about mobile food pop-ups? Food trucks? Premises which are under lease from an external landlord with no toilet facilities? Should they have to go through the rigmarole of applying for veto? Is the government providing grants to ensure this is carried out?

I am inclined to agree with The Mogg
Last edited by Paracosm; 4 weeks ago
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Connor27
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(Original post by The Mogg)
I'm a simple man, I see a bill forcing businesses to do something and I press Naaaay.
My honourable friend puts it far better than I could - this bill should be voted down.
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CatusStarbright
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I don't think I can back this unfortunately, it seems to be rather an onerous requirement, and one that comes in possibly quicker than toilets could be built.
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Thomp0
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I cannot support this.
£1,000 a day destroys a small business who may not even be able to afford to install a customer toilet.
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Jammy Duel
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(Original post by CatusStarbright)
I don't think I can back this unfortunately, it seems to be rather an onerous requirement, and one that comes in possibly quicker than toilets could be built.
You had no issue last time with onerous regulation despite a lack of evidence of there actually being a problem
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CatusStarbright
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(Original post by Thomp0)
I cannot support this.
£1,000 a day destroys a small business who may not even be able to afford to install a customer toilet.
I don't think it would affect small business but I eagerly await the author's response to this.
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CatusStarbright
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(Original post by Jammy Duel)
You had no issue last time with onerous regulation despite a lack of evidence of there actually being a problem
That should happen anyway.
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Jammy Duel
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Just as was the case last time we had something like this, it comes as no surprise that there is no evidence of there actually being a problem, along with the implementation period being too short to allow changes to be made
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Jammy Duel
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(Original post by CatusStarbright)
I don't think it would affect small business but I eagerly await the author's response to this.
No exemption is granted for small businesses

(Original post by CatusStarbright)
That should happen anyway.
What should happen?
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CatusStarbright
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(Original post by Jammy Duel)
No exemption is granted for small businesses


What should happen?
There shouldn't need to be I don't think.

The contents of the bill.
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Thomp0
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(Original post by CatusStarbright)
I don't think it would affect small business but I eagerly await the author's response to this.
it would affect all businesses that serve food as well as those with a shop the size exclaimed in the OP
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CatusStarbright
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(Original post by Thomp0)
it would affect all businesses that serve food as well as those with a shop the size exclaimed in the OP
I'm pretty sure they are already required to provide toilets.
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Thomp0
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(Original post by CatusStarbright)
I'm pretty sure they are already required to provide toilets.
i know of plenty cafes which do not
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quirky editor
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(Original post by Connor27)
My honourable friend puts it far better than I could - this bill should be voted down.
Businesses will always be forced to do things, whether you recognise it or not. The honourable gentleman should exercise more nuance. While businesses having to open their services (and in some cases create) involuntarily to non paying customers is not ideal, neither is urinary incontinence.
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Cabin19
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I think food outlets need clarifying as if it is a place you sit down and eat like a restaurant of course. However I would say for a fast food restaurant such as a fish and chip shop for every one in the country to install a toilet is abit excessive and some simply don't have the space but provide seating so people can eat inside. So all this bill will do is remove seating in these sorts of places costing business trade. But on the whole support this bill as have relatives who suffer from this type of condition.
Last edited by Cabin19; 4 weeks ago
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Bailey14
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All of the suggestions are being noted and it is likely they will all be implemented at second reading.
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PQ
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section 20 of the 1976 Local Government MIscellaneous Provisions Act, is that toilets should be provided if food and drink is being sold for consumption on the premises.

This bill doesn’t require businesses serving food to install a toilet - that’s already a legal requirement. The difference is that they must allow access to non customers with a medical requirement. Most local authorities follow a rule of thumb to exempt businesses with fewer than 10 seats if their primary business is takeaway (so the chippy can have a table without providing a loo)
Last edited by PQ; 4 weeks ago
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