A legal challenge is being launched against the Government’s implementation of a 10pm curfew.

Leading barristers at Kings Chambers, including Sam Karim QC, Sarah Clover and Leo Charalambides, along with Dan Rosenberg of Simpson Miller Solicitors have been instructed by Jeremy Joseph of nightclub G-A-Y, to challenge the latest round of coronavirus restrictions affecting the hospitality and entertainment Industry in particular.

The pre-action protocol for judicial review has been served to challenge the Government’s decision to implement a national curfew of 10pm on hospitality premises

The legal team of public law and licensing law experts, supported by Kirsty McShannon of Azorra Ltd, legal advisor to G-A- Y, have written to Health Secretary Matt Hancock with a formal challenge to the legislation, which was amended on 24th September to include the 10pm curfew.

Jeremy Joseph, CEO of G-A-Y said: “The 10pm curfew which has now been in place for the last two weeks and has been detrimental to the hospitality sector, including G-A-Y, makes absolutely no sense. It does the opposite of protecting people by pushing them onto 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. It seems to direct the blame for this action on the sector, consistently treating the Night-time Economy as a scapegoat when, in fact, we have years of operational experience of keeping customers safe, and have spent substantial time and effort making sure our venues are covid secure. Enough is Enough. Matt Hancock and Boris Johnson have to be made accountable and today we have instructed our legal team with the support of the NTIA to serve the Government with a Pre-Action Protocol for Judicial Review to challenge the decision to implement the national curfew of 10pm on the hospitality sector.”

Michael Kill CEO of the Night Time Industry Association (NTIA), said: “The implementation of the 10pm curfew and further restrictions on the sector has had a catastrophic impact on business levels, resulting in thousands of businesses making the difficult decision to close the doors, or make staff redundant.

“The decision to implement a curfew makes no sense and has no published scientific or medical foundation to reduce transmission rates. If anything, it is counterproductive, with thousands leaving hospitality venues at 10.00pm, creating mass gatherings on the street and overcrowding public transport.”