The government is facing a legal challenge to its 10pm curfew amid mounting anger in the hospitality industry.
Jeremy Joseph, owner of the G-A-Y nightclub and pub group, said he would pursue a potential judicial review of the national curfew on hospitality venues if the restriction is not dropped.
In a letter to Matt Hancock, the health secretary, lawyers acting for the business challenge the logic of what they call an “arbitrary decision” and have hired Sam Karim, QC, of Kings Chambers.
They say they will launch judicial review proceedings if Mr Hancock does not provide a “satisfactory response” by 4pm tomorrow.
The curfew, which forces hospitality venues to shut at 10pm, was introduced in England on September 24 in an attempt to curb resurgent coronavirus infections.
Mr Joseph, 53, said the curfew “makes absolutely no sense”, and added: “It does the opposite of protecting people by pushing them on to the street at the same time. They are going from being safe inside venues with staggered closing times to unsafe on overcrowded streets and overloaded public transport.
“This government has failed to show why the 10pm curfew was put in place and has published no scientific evidence to substantiate its implementation.”
G-A-Y Group runs two bars in London and one in Manchester, and Heaven, the nightclub in Charing Cross, London, known for its long association with the lesbian, gay, bisexual and transgender scene.
Nightclubs have been closed since the lockdown began in March. Heaven is instead trading as a “bar and live entertainment venue” at reduced capacity to meet government rules, the group said.
Michael Kill, chief executive of the Night Time Industries Association, said the trade body was supporting Mr Joseph’s move. Mr Kill said the curfew had resulted in “thousands of businesses making the difficult decision to close the doors, or make staff redundant”.
Tim Martin, boss of the Wetherspoons pub chain, has called it “utterly stupid”.
More than
1,000 publicans have added to the pressure with an open letter urging the government to “think again over the damaging 10pm curfew, which has seen pubs up and down the country face a business-threatening drop in trade”.
The letter to Rishi Sunak, the chancellor, organised by Campaign for Pubs, says the curfew and mandatory table service had resulted in huge drops in trade.
The group said many pubs are reporting that trade has fallen by up to 70 per cent and that there is “huge anger towards the government and a sense that pubs are being both scapegoated and allowed to close”.
The letter urges Mr Sunak to “support pubs or be responsible for mass closures, job losses and hardship”.
A Treasury spokesman said: “We’ve supported the hospitality sector from the start of the outbreak, protecting millions of jobs through initiatives such as the Eat Out to Help Out scheme, VAT cuts, business rates holidays and cash grants of up to £25,000.
“Our support for business continues to reach millions of firms, and we stand ready to do more as necessary. Businesses can still access our loan schemes, a moratorium of eviction for commercial tenants and the statutory sick pay rebate scheme. The job support scheme is designed to protect jobs in businesses facing lower demand over the winter due to Covid, and is just one form of support on offer to employers during this difficult period.”