The official NHS test and trace app was launched last Thursday, and has reportedly already been downloaded more than 10 million times. It is now mandatory for pubs and other hospitality venues to display the poster featuring the QR code and to accept usage of the app as a customer sign-in. However, a problem is that the app only works on relatively new smartphones, so anyone with an older phone will be unable to download or use it, let alone anyone without a smartphone, or who doesn’t use a mobile phone at all. The government guidelines make it clear that pubs should continue to operate a manual sign-in system for people unable to use the app.
In England, you do not have to request details from people who check in with the official NHS QR poster, and venues should not ask them to do both. Venues must not make the specific use of the NHS QR code a precondition of entry (as the individual has the right to choose to provide their contact details if they prefer). Should someone choose to check in with the official NHS QR poster, a venue should check their phone screen to ensure they have successfully checked in.However, I’ve seen a number of reports of venues including pubs refusing entry if the app isn’t used. The phrase “MUST NOT” is an indicator of illegality in the Highway Code; I’m not sure that it quite is here, but it’s certainly strongly deprecating that behaviour.
I struggle to understand why any establishment should choose to do this, given that they’re excluding a substantial proportion of the population. I can only conclude it’s rather like refusing to accept cash, that it’s a sign of how modern and progressive they are, and that they don’t want the custom of the old, the poor, the thrifty and the nonconformist.
There have also been numerous reports of pubs and restaurants insisting on customers downloading an app to order, which raises exactly the same issues of social exclusion. A further problem that has been reported is a pub insisting that customers who sign in manually provide ID to back up their details.
We are being exhorted to support pubs in these difficult times, but it has to be questioned whether some are really deserving of support. Obviously people will establish what the restrictions are in places they regularly use, and make their own decision as to whether they find them welcoming, but it makes visiting less familiar pubs a complete lottery.