Covid in Scotland: Nightclubs launch legal bid over restrictions

Bar and nightclub bosses are mounting a legal challenge over Scottish government restrictions on the industry.

The trade body Night Time Industries Association (NTIA) Scotland announced a bid to end limits on venue capacity and opening hours.

It said the curbs are "no longer justifiable or proportionate".

Under Scotland's current Covid rules, alcohol can only be served outside and venues must close at 20:00 indoors.

NTIA Scotland said in a statement: "The hospitality sector in general, and late-night sector in particular, has been driven to the edge of insolvency by the severe restrictions in place since the start of the pandemic.

"Scottish government support has been wholly inadequate to compensate for operating losses and a majority of businesses have now incurred unsustainable debt as a result.

"Even worse, all strategic framework funding has now ended while there is no end date for the restrictions that make these businesses commercially unviable."

Members of the group include Mike Grieve of Glasgow's Sub Club, Gavin Stevenson of Mor-Rioghain Group - which has venues across the north east - and Donald Macleod of CPL, promoter at Glasgow's Cathouse.

Dean of the Faculty of Advocates, Roddy Dunlop QC, is leading the legal challenge to seek a judicial review on whether the measures are still valid.

The Scottish government said it wanted to get back to normal "as soon as it is safely possible" but it had to move carefully to "ensure continued suppression of the virus".

NTIA Scotland said lockdown restrictions have been "toxic for businesses across numerous sectors of the economy".

Group chairman Mike Grieve added: "NTIA Scotland has reached the conclusion that there is no alternative but to challenge the continued enforced closure in the Court of Session.

"We have no ability to trade, no indicative date for reopening, no ongoing funding, and no prospect of keeping our staff in employment.

"We have been marginalised to the point where even now, as other parts of hospitality start to reopen, we are not even included in the dialogue about reopening at level zero.

"The Scottish government continues to treat us with complete indifference."

Cafes, beer gardens, non-essential shops and museums reopened in Scotland on Monday as the country moved from level four to level three of the Scottish government's five tiers of restrictions.

People are now able to meet others for a meal or drink, with up to six people from two households allowed to socialise indoors in a public place such as a cafe or restaurant.

But venues need to close indoors at 20:00 and alcohol can only be served outside.

The Scottish government's current roadmap out of lockdown should see further restrictions eased on 17 May to allow six people from up to three households meet in an indoors public space.

Cinemas, theatres, concert halls, music venues, comedy clubs, amusement arcades and bingo halls will be allowed to open from that date, with indoor and outdoor events resuming but with capacity limits.

Closing times for hospitality would also be extended to 22:30 indoors.

In a statement, the Scottish government said: "We all want to get back to normal as soon as it is safely possible, but we must move very carefully to ensure continued suppression of the virus.

"The Strategic Framework Business Fund provided grants to businesses that were required to close by law or to significantly change their operation due to Covid-19 restrictions from November 2020.

"Nightclubs were eligible and will have now received restart grants of up to £19,500, equivalent to more than six months support provided by SFBF every four weeks."

It said it was also extending rates relief for hospitality businesses and highlighted that one-off grants of up to £50,000 were available for nightclubs in October from the Covid-19 Contingency Fund.