Hospitality bodies’ legal action over restrictions

Five of Scotland’s leading hospitality bodies have taken the unprecedented step of beginning legal action against restrictions imposed on the licensed trade by the Scottish Government.

The Scottish Beer & Pub Association, Scottish Licensed Trade Association, UK Hospitality (Scotland), Scottish Hospitality Group and Night Time Industries Association Scotland have joined forces to try to help save the sector from further damage.

The move will not just focus on the small to medium independent business, but also the large corporate firms that operate in Scotland’ s hospitality industry.

With independents, groups and operators fighting for the survival of their businesses and the jobs they provide, the five bodies served the Scottish Government with the preaction letter yesterday morning.

The group decided to take action after receiving an opinion from prominent legal expert Aidan O’Neill QC advising that a judicial review would be warranted.

The letter requests a response to legal challenges from the Scottish Government by 4pm on Wednesday October 28, failing which matters could move forward with a petition for judicial review.

In a joint statement the group’s spokesperson, Paul Waterson, said: “It is with regret we now commence with this first stage in the legal process.

“We understand and entirely support the goal of suppressing the virus, but our sector is at breaking point.

“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.

“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.

“Evidence just published in Northern Ireland clearly states that the closure of hospitality only has a ‘ 0.1- 0.2 impact on the R number ’, and that the lockdown there has been brought about to ensure behavioural and policy compliance in other areas – effectively confirming that the hospitality industry has been held up as the sacrificial lamb.

“The economic support offered to premises doesn’t come close to compensating the businesses and means jobs are being lost and livelihoods ruined.

“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.”

Under current Scottish restrictions, businesses cannot serve alcohol indoors and can only serve alcohol outdoors until 10pm.

Restaurants cannot serve alcohol indoors and can only serve food inside their premises until 6pm.

Pubs in five areas of the central belt are prohibited from opening.

The initial 16 days of restrictions were extended by a further seven days earlier this week.

The hospitality industry has been held up as the sacrificial lamb

TAKING ACTION: The hospitality sector is starting legal proceedings after saying it has been repeatedly targeted without consultation and without the evidence.