Sacha Lord loses legal battle against government to reopen indoor hospitality before 17th May
The judgement came just hours before a SAGE report emerged that stated that "eating out in any food outlet or restaurant was not associated with increased odds" of becoming infected with coronavirus (COVID-19).
The High Court has ruled in favour of the government in a legal challenge over its decision to delay the reopening of indoor hospitality until 17th May.
The judgement comes after Greater Manchester’s Night Time Economy Adviser, Sacha Lord – who is also the co-founder of Parklife Festival and Warehouse Project – and Punch Taverns founder Hugh Osmond, notably joined forces last month to take the government to court over hospitality restrictions as they argued that bars, restaurants and cafes should be allowed to provide indoor service on the same date as non-essential retail reopens.
It’s estimated that the delay in reopening indoor hospitality could end up costing the sector £7 billion over the five weeks.
The case to permit the reopening of indoor hospitality was expedited at the start of last month, and a response was initially supposed to be provided on the week commencing Monday 19th April – but was delayed.
Following the delays, Mr Lord – who has continuously claimed over the last couple of months that the government has been unable to provide evidence for their reasoning behind the roadmap, and has insisted he will share the documents once received – took to social media last week to confirm that the case was with a High Court Judge and he was “expecting news imminently”.
He stressed that “every day counts” and that it’s about “data NOT dates”.
Legal update:
We were informed a ruling would be made the week commencing the 19th.
We have now been informed, a High Court Judge was not available last week and it is now, at last, sat with him.
And after nearly a week of awaiting response, the High Court ruled in favour of the government in the case R (On the Application of Sacha Lord and Hugh Osmond) v Secretary of State for Health and Social Care, saying that COVID-19 justifies a cautious approach.
The judgement came just hours before a SAGE report emerged that stated that “eating out in any food outlet or restaurant was not associated with increased odds” of becoming infected with coronavirus (COVID-19), and while it’s said that the report was not disclosed by the defence during the legal proceedings, in the overview, the Honourable Mr Justice Julian Knowles dismissed the call for Judicial Review to bring forward indoor reopenings as “academic”.
“This case is not ‘academic’ for an industry that is losing £200m every day it remains closed,” Hugh Osmand commented.
“For the over three million people who work in our industry, or for the tens of thousands of businesses, suppliers, landlords and contractors forced into bankruptcy by government measures, our legal action gave them a fighting chance,
“Yet once again in 2021, the strong arm of the state has come crushing down on hope and aspiration.
“The judge said that Covid ‘justifies a precautionary or cautious approach on the part of the government’, but when a crucial SAGE report is ignored, this goes far beyond caution, and questions need to be asked about when this advice was sought and why this important evidence was not disclosed.
“I am deeply concerned that the judge’s main reason for refusing judicial review was because our claim ‘was not brought promptly’, even though we issued our claim days after the roadmap became law on 25th March, with the court taking a month to provide its ruling.
“This judgment drives a coach and horses through our normal constitutional processes.
“Are we really being told that we should have issued legal proceedings on the basis of a Prime Minister’s press conference and a yet to be published set of laws?
“Our democracy should be better than this”.
In a normal legal case, non-disclosure of evidence like the Sage report would wreck the Government's case. But, after considering it over the weekend, our legal team advise it is not grounds to challenge the Judicial Review decision. We will be reviewing other legal options.
The Gov’t FAILED to disclose a SAGE report, confirming that during the whole pandemic, only 226 cases were associated to Hospitality. pic.twitter.com/bQlRquPCW5
Commenting on the decision, Sacha Lord said in a statement: “We are disappointed with the outcome.
“While this fight has always been an uphill battle, made harder by the government’s delaying tactics and refusal to mediate, we are pleased that the case has shone a light on the hospitality sector and the unfair and unequal guidance within the recovery roadmap [as] through our legal challenges, we have achieved significant outcomes for the sector, abolishing the substantial meal requirement with our previous court action and lobbying hard to remove with the 10pm curfew.
“Both of these results have had a hugely positive impact on operators nationwide who have been unfairly treated throughout this crisis and undoubtedly saved many jobs throughout the industry.
“Through our legal action, we have sent a clear, strong message direct to the heart of government [and] we will continue to advocate for those who have been unfairly impacted throughout this crisis, and despite the outcome, we will continue to hold the government to account and demand evidence-based decisions, rather than those drafted without detailed analysis or based on bias or whim”.
Flickr
He continued: “The hospitality sector has gone above and beyond to implement measures which provide safe, secure environments – measures which were, let’s not forget, advised as safe by the government themselves and which the court already deemed to be effective based on the evidence we provided in support of our previous judicial review.
“There are thousands of bars, pubs and restaurants across the country which are still closed and whose owners and employees are struggling financially due to these unfair restrictions.
“For the 40% minority who do have outdoor space, this weekend’s weather has only exacerbated the ongoing struggles the industry has continually faced, and I’ve heard of countless pubs that have been forced to close early or who have had zero customers due to the bad weather.
“Not only does this severely impact on business and sector recovery, but on the staff whose wages, and ability to pay rent, food and bills, are at the mercy of something as unpredictable as the weather”.
Featured Image – Weird & Wonderful
News
UKHSA issues health advice following huge fire at derelict Manchester city centre mill
Emily Sergeant
The UK’s Health Security Agency (UKHSA) is just one authority to release a statement following a derelict mill in Manchester going up in flames yesterday.
Thick black smoke clouds could be seen for miles over the city centre from around 4:30pm onwards and into the evening, as fire crews worked to extinguish the blaze.
BREAKING 🚨 Huge fire in Manchester city centre right now – historic Hotspur Press is ablaze with major disruption to trains out of Oxford Road #manchester#mcrpic.twitter.com/SnA52oiqxm
Around 180 residents in two neighbouring apartment blocks were evacuated, and had to either be put up at hotels, or stay with family and friends overnight.
Train lines were also blocked throughout the night at Oxford Road station after smoke and flames billowed onto the tracks, but as of this morning (Tuesday 24 June), National Rail said all lines had reopened, but did however warn commuters to expect ‘residual disruption’ to services throughout the morning.
Now, the morning after the fire with much of it extinguished, some wider road cordons have been lifted around the Whitworth Street West area, however many do still remain in place, and a significant police and fire presence can also be seen.
LATEST: The blaze looks to have been extinguished after some incredible work by @manchesterfire.
A large cordon is still in place; Whitworth Street is currently closed for the foreseeable and there are major rail delays/cancellations surrounding Manchester Oxford Rd Station.
Appealing to any local residents or members of the public who were in the vicinity of the scene of the fire yesterday, including those spectating as smoke billowed, a spokesperson for the UK Health Security Agency (UKHSA) has issued a statement offering some advice and guidance: “The general advice is people should remain out of the smoke. Smoke is an irritant, it can make people’s eyes and throat sore.
“Some substances present in smoke can irritate the lining of the air passages, the skin and the eyes. Respiratory symptoms include coughing and wheezing, breathlessness, sputum (phlegm) production and chest pain.
“Chemicals in the smoke can worsen existing health problems like asthma. People with asthma and other respiratory conditions may be particularly susceptible to the smoke and should carry and use their medication, such as inhalers, as usual.”
The statement then concluded by urging anyone who may have concerns about the smoke’s impact on their health to contact NHS 111 service, either online or over the phone.
Health advice has been issued following a huge fire at a derelict Manchester city centre mill / Credit: Jonathan Boswell (Submitted)
Cllr Bev Craig, who is the Leader of Manchester City Council, has also issued a statement following the major incident.
“We’ve been working closely with emergency response colleagues following the major fire incident at the Hotspur Press building,” her statement begins.
“Evacuated residents are now being supported at a nearby rest centre.
“A cordon remains around Cambridge Street along with local road closures, and we thank people for taking fire service advice to avoid the area while crews continue to work at the site. Those living nearby should also continue to keep windows and doors shut to avoid smoke.
“A final thank you to the city’s emergency personnel for their ongoing efforts, acting quickly to keep the fire under control and keeping our residents safe.”
Featured Image – Jonathan Boswell
News
Smoke billows across Manchester city centre as historic mill goes up in flames
Daisy Jackson
Smoke is billowing across the Manchester skyline this evening after a huge fire has struck the historic Hotspur Press building.
The former mill just off Whitworth Street West has gone up in flames, with smoke seen for miles.
People have been sharing pictures and videos of the blaze from all over the city centre.
The Hotspur Press stands just below the train lines between Manchester Oxford Road and Deansgate train station, meaning that the fire has caused significant travel disruption.
BREAKING 🚨 Huge fire in Manchester city centre right now – historic Hotspur Press is ablaze with major disruption to trains out of Oxford Road #manchester#mcrpic.twitter.com/SnA52oiqxm
Trains out of Manchester Oxford Road are currently all showing as delayed.
The building was set to be redeveloped into a student accommodation tower block, with a recent planning application requesting to change the original consented brick cladding to an aluminium façade. A large emergency services response is on the scene.
A spokesperson for Greater Manchester Fire and Rescue Service (GMFRS) told The Manc: “Firefighters are currently tackling a large fire at the derelict Hotspur Press building on Cambridge Street in Manchester. An evacuation of the neighbouring apartment buildings is taking place.
“The public are advised to stay away from the area while crews continue to tackle the fire.”
A further update from the Greater Manchester Fire and Rescue Service at around 7pm said: “Crews are working hard to tackle the fire at the Hotspur Press building. 20 fire engines from stations across Greater Manchester are at the scene, where three floors of the building are alight. Multiple jets and the air unit are in use to prevent the spread of the fire.
“All floors of the two apartment blocks at 1 Cambridge Street have been evacuated.”
National Rail has said: “There is a fire next to the track at Manchester Oxford Road, closing all lines at this station. As a result, trains may be cancelled, severely delayed by up to 100 minutes or revised.
“If you are travelling this evening, your train may not run its full route and may terminate / start from a different station.
“Please check before you travel as major disruption is expected to continue until the end of the day.”
As the police cordon has expanded, local businesses have been impacted – Bunny Jackson’s on First Street has been evacuated and is closed.
They shared: “We have had to evacuate due to a fire near by! We’re unsure of when we will be able to reopen. Safety first, folks!”
Plumes can be seen for miles, with residents in Salford, Hyde, Bolton, and further afield reporting sightings, including some even in Cheshire – fair to say it’s one of, if not the largest, fire in Manchester city centre for some time.
Witnesses have said that crowds are now being cleared from the area due to a risk of asbestos.
A witness at the scene told The Manc that a police officer wearing a mask was urging bystanders to exit the vicinity immediately, stating that “smoke is asbestos-contaminated because of the roof.”
If nearby, please keep away and urge others to stay safe.
Nearby apartments and buildings are being evacuated, and trains have been hit with heavy disruption due to Oxford Road station being in such close proximity.#GreaterManchesterpic.twitter.com/0mkxEJAj98
The Manc -
4th May 2021 
