The owner of nightclub G-A-Y has launched legal action against the government over its failure to provide evidence justifying the 10pm curfew imposed two weeks ago.
Jeremy Joseph is seeking a judicial review of the controversial decision which has put the future of some late-night venues in doubt.
Critics say that the curfew may actually increase the spread of coronavirus by causing large numbers of people to leave pubs, clubs and restaurants at the same time rather than more gradually over the course of each night.
Mr Joseph argued that the curfew has damaged the hospitality sector and “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 nighttime 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.”
Michael Kill, chief of the Night Time Industries Association, backed Mr Joseph’s position and said the “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.”
A Department for Health and Social Care spokesperson said: “The latest data suggests a considerable rise in the infection rate following people socialising in hospitality venues serving alcohol in recent weeks, so we have taken immediate action to cut the transmission rate and save lives and will keep all measures under constant review.
“The 10pm closure allows people to continue to socialise while reducing the risk of failing to socially distance.”