The new pandemic law – what applies?

Last week, when the new pandemic law came into effect, many questions arose regarding how it affects the rules surrounding companies' own conferences. Here, we clarify what applies.

Since hotel and conference operations are already regulated by the Communicable Diseases Act, and catering establishments by the Alcohol Act, hotels and conference facilities are normally affected integrated of the new pandemic law.

This means that companies, associations and other private organisations, just as before, can arrange meetings for closed groups at hotels and conference facilities with more than eight participants.

However, if the public has access to the meeting, conference, seminar, or similar, it is to be considered a public gathering. Therefore, the limitation to a maximum of eight participants continues to apply.

IVA Conference Centre ensures that the Communicable Diseases Act, the Alcohol Act, and other regulations are complied with, and that all measures to prevent the spread of COVID-19 are taken.

This is how Visita's legal experts interpret the rules:
There have previously been some ambiguities regarding whether the limitation of a maximum of eight participants at certain private gatherings, which applies under the new restrictions regulation, also applies to, for example, courses and conferences at hotels and conference facilities. The County Administrative Boards have now, after dialogue with the Public Health Agency of Sweden, made assessments and clarifications which mean the following.

Hotel and conference operations hosting courses and conferences are not normally covered by the pandemic legislation and therefore not by the requirement for a limit of eight participants at private gatherings, as stipulated in Chapter 6, Section 1 of the Regulation (2021:8) on special restrictions to prevent the spread of COVID-19 (the restriction regulation).

However, if a course or conference at a hotel or conference facility were to be considered a public gathering within the meaning of the Public Order Act, it would then be covered by the pandemic legislation and therefore also by the requirements for limits on the number of participants (currently a maximum of eight) at public gatherings and public events pursuant to Chapter 3 of the Restrictions Ordinance.

The implication of the above is that it is possible to arrange courses and conferences for companies, associations and other private groups at hotels and conference facilities, even with more than eight participants. However, a course or a conference aimed at the public – and not held for, for example, a company, an association or another closed group – or to which the public has access, may be considered a public gathering with a limit of a maximum of eight participants according to current regulations. If you are unsure whether a particular event constitutes a public gathering or a public event, you should consult with the Police Authority.

If course and conference activities are held in premises that constitute a serving establishment, the provisions on temporary infection control measures at serving establishments and the Public Health Agency of Sweden's regulations pertaining to that law shall apply. This means, among other things, that guests must be seated when consuming food and drink, that a maximum of four people may sit together, and that groups must be able to maintain at least one metre's distance from other groups. At serving establishments, it is also permitted to arrange other private gatherings, such as wedding parties and funeral receptions, for more than 8 people, as long as the distancing rules applicable to regular restaurant operations are followed.

All businesses are obliged to ensure that they take appropriate measures to avoid the spread of COVID-19 and to take into account people in risk groups. This follows from the Public Health Agency of Sweden's regulations and general recommendations on everyone's responsibility to prevent the spread of covid-19 etc.