Matt Hancock hauled to High Court over why non-essential shops are allowed to open before pubs and restaurants
MATT Hancock has been summoned to the High Court to explain why he is allowing non-essential shops to reopen before the full return of pubs and restaurants.
The legal action has been brought by businessman Hugh Osmond - founder of the PizzaExpress chain and Punch Taverns - and nightclubs entrepreneur Sacha Lord.
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Mr Justice Swift has now ordered that the Health Minister has until 10am on Tuesday morning to "file and serve his response to the application".
However, it is extremely unlikely Mr Hancock will attend the court himself and officials from the Department for Health and Social Care are expected to turn up on his behalf.
From April 12 at the earliest, shops, hairdressers, nail salons, libraries and outdoor hospitality venues such as beer gardens will be allowed to reopen.
But indoor hospitality and entertainment venues and the rest of the accommodation sector will not be able to open their doors until at least May 17.
Mr Osmond writes in the Telegraph: "The Government left us no choice but to take it to court.
"This is a truly urgent matter affecting the lives of millions that simply cannot wait."
Mr Lord and Mr Osmond argue those working within the hospitality industry have spent millions making businesses Covid-safe since the start of the pandemic more than a year ago.
And they believe hospitality businesses should be allowed to open INDOOR venues with restrictions from April 12 - rather than the current planned date more than a month later.
"While we're pleased beer gardens will be reopening from 12 April, many venues don't have the space or financial capabilities to have an outdoor area, and as we know very well in Manchester, the weather is not always kind.
"Operators have spent hundreds of thousands of pounds creating indoor Covid secure environments, as advised by Ministers themselves, and we firmly believe these regulated, ventilated venues have much safer measures and greater social distancing in place than retail stores.
"This is not a hospitality versus retail argument, but Government decisions must operate on a level playing field and be supported by evidence. We currently see no clear justification for the delay."
Mr Lord hailed news that their legal action was being taken seriously by the courts on Twitter.
He posted: "I can now confirm, that within hours of receiving our evidence, Judge Swift decided our case was URGENT
"@MattHancock has to file a response by 10am Tuesday, with no concessions for the Bank Holiday
"Everyday before the 17th May is a win....Open Hospitality."
However, the government has made it clear the rules they have in place are the only way forward.
A Department of Health and Social Care spokeswoman said: "As the Prime Minister has said, we want this lockdown to be the last.
"Our road map sets out a phased approach to cautiously easing restrictions, informed by scientific experts, and we continue to act in response to the latest available evidence to protect the NHS and save lives.
"We have continued to support the hospitality sector throughout the pandemic, including our new £5 billion Restart Grant scheme, extending the furlough scheme and the VAT cut, and providing 750,000 businesses in hospitality and other sectors with business rates relief."
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Boris Johnson is expected to on Monday set out plans to develop a "Covid status certification" scheme to enable the safe return of mass gatherings and indoor events as lockdown restrictions ease in England.
Officials are planning a series of trial events over the coming months as they look to find a way for venues such as football grounds and nightclubs to reopen without the need for social distancing.