Advertisement

Scotland’s hospitality industry launches legal action against Government over coronavirus restrictions

Pubs and restaurants in Scotland's Central Belt have been ordered to stay closed until at least November 2 - PA
Pubs and restaurants in Scotland's Central Belt have been ordered to stay closed until at least November 2 - PA

Scotland’s hospitality industry has launched legal action aimed at overturning coronavirus restrictions imposed by Nicola Sturgeon, with pubs and restaurants saying they had been forced to fight "for their very survival”.

In an unprecedented step, a series of industry bodies united to prepare a petition for judicial review, claiming the heavy curbs on their activities were unjustified and not backed up by sufficient scientific evidence.

The move came the day after the First Minister extended what she initially said would be a 16-day temporary shutdown of Central Belt hospitality businesses, leaving  many now facing indefinite closure.

The Scottish Beer & Pub Association, The Scottish Licensed Trade Association, UK Hospitality (Scotland), the Scottish Hospitality Group and the Night Time Industries Association Scotland said they had received a legal opinion by the prominent QC Aidan O’Neill, advising them a judicial review would be warranted.

A letter sent by the group demands a response from the Scottish Government by 4pm on Wednesday next week, with the trade bodies warning that they are prepared to move forward with a petition for judicial review if they do not receive a satisfactory answer.

Paul Waterson, the group’s spokesman, said businesses had taken the dramatic step “with regret” but warned that the sector was now “at breaking point”, leaving them with no other option.

The industry warns that it is fighting "for its very survival" - PA
The industry warns that it is fighting "for its very survival" - PA

“Despite having more mitigation measures than other sectors and the vast majority of operators going above-and-beyond in ensuring customer safety, our sector has been repeatedly targeted without consultation and without the evidence,” he said.

“Anecdotal evidence is not the way to go about making government decisions and the sector should not be used as a balance to uncontrollable risks in other far less regulated and unmonitored sectors.”

He pointed to evidence from Northern Ireland which suggested hospitality had only a tiny impact on the R number - which reflects the likelihood of one person with the virus passing it on - and claimed the industry had been “held up as the sacrificial lamb”.

Mr Waterson added: “Any measures must be proportionate and be backed up by evidence, we do not believe that is the case here.

“The industry simply cannot endure the extension of the current restriction, further restrictive measures expected from November 2 or get into a stop start situation. We are now facing the end of our industry as we know it.  The battle is now on to save the hospitality sector.”

The move follows a business in Glasgow winning an interim interdict which stops the city council from closing it down. The businesses had said it should have been classed as a cafe - which are allowed to stay open under current rules - although council enforcement officers disagreed.

Under current restrictions, pubs and restaurants in Scotland’s Central Belt are to remain closed until at least November 2 after Ms Sturgeon extended the temporary measures that came into force on October 9 by a further week.

Further details of a five-tier plan which will come into force immediately after those restrictions expire will be announced today, but hospitality businesses are likely to continue to face significant curbs in areas with high virus rates.

A judicial review, a complicated and expensive legal process, can be used to challenge the fairness or legality of a decision. Many are settled by agreement before the Court of Session, where reviews are heard, makes a ruling.

The pre-action letter sent to the Scottish Government demands it withdraw the current regulations and enter into a "meaningful consultation with the [hospitality] sector".

Douglas Ross, the Scottish Tory leader, said a lack of engagement with businesses from SNP ministers was to blame for the extraordinary stand-off.

“The hospitality sector is facing a crisis with thousands of jobs and livelihoods at risk,” he said. “The SNP have continued to stall as more restrictions have been put in place and the sector is now at breaking point.

“Time is ticking. The onus is on the SNP to step and provide that support to hospitality businesses now.”

While the Scottish Government has set aside almost £60m for firms hit by the restrictions, businesses have warned the rescue package is completely inadequate and pales in comparison with funding provided south of the border.

Scottish Liberal Democrat MSP Mike Rumbles said: "The very fact that these trade bodies have been driven to seek a judicial review suggests that the Scottish Government is failing to take the country with them when it comes to the latest round of restrictions.”

A Scottish Government spokesman said: “We are using the powers we have to help businesses, offering support which now exceeds £2.3 billion, including 100 per cent rates relief for pubs and restaurants for the year and we will extend financial support available to businesses who must stay closed or continue to restrict their trading to cover the additional week of restrictions.

“We are confident the temporary restrictions are essential and proportionate to the risk posed by coronavirus if we are to prevent a return to the dangerous level of infections experienced earlier this year. We will respond to the letter in due course.”