Pub bosses fail in Edinburgh tier level change

Hospitality bosses have failed in a legal bid to ease restrictions in Edinburgh. They argued that the stats didn't back up the Scottish Government's decision to keep the city in tier 3

The petitioners said the Scottish government's decision not to move the area to level two puts businesses in a "catastrophic" position.

But the government insisted it was not safe or sensible to ease restrictions.

And a judge decided the Scottish government had a right to consider factors other than data.

Lord Ericht passed a judicial review on the motion from KLR & RCR International Ltd & Others after hospitality businesses in the city warned of the further impact the measures could have.

At a remote hearing on Friday, Dean of Faculty Roddy Dunlop QC, on behalf of the petitioners, told the judge the level three decision was "flawed" and did not reflect Public Health Scotland advice or case figures.

James Mure QC, representing ministers, said while the data was there to inform the decision-makers he added there was "no simple algorithm" to determine levels and the indicators used "may change over time".

In his judgment, Lord Ericht said: "The guidance as to how the government will go about its decision-making has always emphasised that the indicators are no more than indicators - they are not the sole criteria for making a decision on Covid levels."

Mr Dunlop detailed the many similarities between level two and three but highlighted that in the lower level, people can travel around Scotland freely - except for entering level three or four areas - whereas those in level three cannot leave the local authority.

The hospitality industry can also sell alcohol with a main meal in level two and remain open until 20:00 indoors, 22:00 outdoors, whereas no alcohol is sold with the 18:00 closing time in level three.

One of the largest parties among the petitioners, the Montpeliers group, owns seven premises in the city with Mr Dunlop suggesting the lower tiers of restrictions "can be the difference between life and death financially".

He later added the group has a significant uptake of business in December and is losing £30,000 a week, with suggestions the level three restrictions is only helping their establishments "break even".

Lord Ericht, however, commented that economic packages had been introduced by ministers to mitigate the economic impact of the virus.