Frustrated issues plea Hospitality industry over reopening date
THE hospitality industry in Wales has urged the Welsh Government to bring forward the reopening of its businesses.
It comes after Mark Drakeford announced that certain restrictions are being lifted early, such as gyms opening a week earlier than planned, but the hospitality industry is calling on the government to allow its businesses to open ahead of schedule.
The First Minister said yesterday the “improvements” in the public health situation and the ongoing vaccination programme meant changes could be made to previously announced plans.
Two households will be able to meet indoors a week earlier than previously planned, wedding receptions for up to 30 people will also be permitted outdoors from April 26 – again a week earlier than previously announced.
The reopening of gyms, leisure centres and fitness facilities will now be allowed from May 3, brought forward a week from May 10.
But the date for reopening outdoor hospitality, including at cafes, pubs and restaurants, remains unchanged.
David Chapman, executive director of Ukhospitality Cymru (UKHC) said: “The drop in cases of nearly 50% in a week to a low of 21 per 100,000 – the lowest number and comparable with when we were open for business in September – shows the huge success of the vaccination programme. This should allow the opening of the doors to our beleaguered businesses.
“We are opening outdoors on April 26, two weeks after England, yet have been closed longer.
“The indoor opening ‘soft target’ is still a very long way off, some time before the end of May. There are simply no reasons now why we couldn’t be fully open before England or at the very latest alongside England on May 17.
“We are still waiting to see what grant support we have from April 1 and extended closure is unnecessarily threatening jobs in communities that rely on our businesses.”
Simon Wright, of Wright’s Food Emporium in Carmarthen and founding member of the Welsh Independent Restaurant Collective (WIRC), said that the arguments for bringing forward the reopening of hospitality were strong.
“We know that transmission of the virus is very much lower outside and the restrictions that will be attached to that – seated only, masks when away from the table etc – mean that restaurants, pubs and cafes are a much safer environment than uncontrolled gatherings and we need to bear in mind that from Monday people will be travelling to stay in Wales from places where outdoor hospitality is open,” he said.
“Although less than half of eating and drinking places are able to benefit from outside-only opening, any extra days with income coming in are crucial given the cash-flow crisis so many independent Welsh businesses face.”
Feelings in the industry are so strong that the Welsh Government has officially been hit with a legal challenge over reopening.
A Cardiff bar and street food spot is behind the action, claiming it is unfair other sectors, such as nonessential retail, are allowed to reopen ahead of hospitality.
The owner of the Sticky Fingers Street Food restaurant in Roath has hired law firm JMW Solicitors, which has now launched a judicial review against the Welsh Government’s rules on indoor hospitality.
A crowdfunder by the venue raised almost £6,000 and now a legal letter has been sent by solicitors to the Welsh Government and First Minister Mark Drakeford.
They now have until 4pm on April 14 to respond.
If a “satisfactory response” is not received, the legal team behind the move said they are instructed to issue “judicial review proceedings”
against the government and any relevant ministers.
When the Evening Post approached the Welsh Government about why hospitality reopening had not been moved forward, a spokesman said it was to allow time for previous changes to bed in.
The letter by JMW Solicitors, dated April 7, states: “By contrast with these proposals in Wales, the Westminster Government has taken a considerably more transparent and less restrictive approach to opening up generally and in particular in relation to hospitality.”
Sticky Fingers owner Matt Connolly said: “We’ve got no sight of an opening date, the funding has dried up and businesses are going bust. It’s that simple.”
The matter being challenged is the decision the Welsh Government made on April 1, when it outlined its proposals for reopening businesses in April and May as cases drop.
That announcement said outdoor hospitality would be allowed to reopen in Wales on April 26.
But non-essential retail will reopen on Monday, and hairdressers and barbers reopened last month.
No date has yet been given for outdoor hospitality.
The Welsh Government has referred to the “potential” reopening of indoor hospitality by the end of May but it is “uncertain” on the situation at that time.
The letter adds that the opening in England is taking place “considerably more rapidly” despite case numbers and the infection rate being “comparably higher than in Wales”.
It also criticises how hairdressers, a profession which includes close contact, and non-essential retail are also allowed to reopen sooner.
It states: “Further, and critically, the proposals for hospitality venues in Wales, both indoor and outdoor, arise in a context where the [Welsh Government] has decided to permit the opening of other kinds of business far earlier, and where this includes permitting
indoor businesses to which the public will be given free access.”
They add that the current restrictions are “irrational and contrary to the European Convention of Human Rights”.
Now they want the Welsh Government to provide clarity on its proposals for the sector by giving a clear date when indoor venues can open, and to “confirm in any event that it will permit indoor opening” by April 12. If they do not do this, the legal firm said the Welsh Government must then provide a “clear explanation” of its reasons and provide full disclosure of its decision-making process.
Sticky Fingers is an indoor business with room for around 200 seated customers but only 20 seated covers outdoors.
Since the start of the pandemic, the solicitors said the venue has seen a “100% prediction in anticipated profit” and has racked up around £100,000 in debt. Matt said: “The failure to provide any clarity for the opening of indoor hospitality is a massive blow to the industry – we can’t plan without a date to work toward.
“At the same time, we are seeing other sectors that are arguably riskier opening up without issue – we just want to be treated
fairly.
“We have invested huge amounts of money and time in making indoor hospitality safe, from PPE and safety screens through to extra staff to manage table service – we believe we should be permitted to open our doors again from April 12 in line with nonessential retail.
“If that isn’t possible, at least let us see the evidence used to make that decision – thousands of livelihoods are at stake. It has been an incredibly difficult 12 months for the hospitality industry – the last thing we need is more uncertainty.”
Law firm JMW is also handling the legal challenge against the delayed reopening of hospitality in England.
The team was successful in forcing the government to abandon its “substantial meal” policy and this week had its challenge against the decision not to allow indoor hospitality until five weeks after nonessential retail expedited through the courts.
Oliver Wright, partner at JMW Solicitors, said: “It is unlawful for the Welsh Government to have failed to provide clarity for the hospitality industry – it’s irrational and will cause further harm to businesses. It’s a wholly disproportionate approach when considering the other sectors that have been permitted to open. It’s a decision taken in the absence of any apparent facts or evidence.”
He added: “It would be commercially and economically unfeasible for many hospitality businesses to open and attempt to operate on an outdoor basis. The failure by the Welsh Government to provide a clear date is creating more uncertainty for one of the hardest-hit sectors.
“They can’t plan without a date to work towards and a lot of businesses could be forced to close for good. They need to know when staff will be removed from furlough and when rotas can be reintroduced; when to start ordering stock and when they can start taking bookings again.”
The proposed claimant on the letter is Richmond Bars Limited T/A Sticky Fingers Street Food.