No early re-opening for indoor hospitality
A High Court judge has ruled in favour of the Government
The High Court has ruled against Manchester's nighttime economy adviser in his proposal to get the indoor hospitality re-opened sooner than May 17th.
Sacha Lord - along with the founder of Punch Taverns, Hugh Osmond - had argued it was "unfair" pubs, bars and restaurants have had to remain closed, while non-essential shops have not.
The judgment came just hours before a SAGE report emerged, indicating that ministers had been advised that "eating out in any food outlet or restaurant was not associated with increased odds" of catching Covid. In the report, SAGE scientists admitted that the risk of "transmission in hospitality, retail and leisure are relatively low" with just 226 outbreaks in hospitality venues since pandemic began.
It is unclear when the SAGE report was written or submitted to ministers but the report was not disclosed by the defence during the legal proceedings.
In the overview, the Honourable Mr Justice Julian Knowles dismissed the call for Judicial Review to bring forward indoor reopenings as 'academic', noting the necessary hearing would now be unlikely to take place before 17 May, the date by which indoor hospitality is already scheduled to reopen.
Despite orders to expedite the case, the final judgement was delayed due to a backlog in the court system.
Sacha Lord, the fonder of the Warehouse Project and Parklife Festival commented on the decision:
“We are disappointed with the outcome. While this fight has always been an uphill battle, made harder by the Government's delaying tactics and refusal to mediate, we are pleased that the case has shone a light on the hospitality sector and the unfair and unequal guidance within the recovery roadmap."
Through our legal challenges, we have achieved significant outcomes for the sector, abolishing the substantial meal requirement with our previous court action and lobbying hard to remove with the 10pm curfew. Both of these results have had a hugely positive impact on operators nationwide who have been unfairly treated throughout this crisis and undoubtedly saved many jobs throughout the industry.
"The hospitality sector has gone above and beyond to implement measures which provide safe, secure environments"
"Through our legal action, we have sent a clear, strong message direct to the heart of Government. We will continue to advocate for those who have been unfairly impacted throughout this crisis, and despite the outcome, we will continue to hold the Government to account and demand evidence-based decisions, rather than those drafted without detailed analysis or based on bias or whim."
Mr Lord said on Twitter yesterday, the wet weather meant many hospitality premises that do have outside areas had to stay closed.
Having considered the ruling with their legal team, Osmond and Lord have decided that there is insufficient time to challenge it before May 17th. Osmond is reviewing other legal options in relation to the matter.