Legal action by 256 restaurants across Birmingham and the surrounding area has been suspended to allow separate negotiations to take place with the government.
The restaurants, including many on Westside, were seeking a judicial review of the decision to close hospitality within the highest Tier 3 COVID-19 areas.
The class action, made under the heading of the Birmingham Hospitality Group, demanded that the government produces more scientific data in support of its decision to close pubs and restaurants, apart from takeaways, in Tier 3 zones.
However, lead complainant Sam Morgan, owner of Craft restaurant at the ICC and About 8 in Centenary Square, said the judicial review was now being delayed after discussions with Andy Street, the West Midlands elected mayor.
He said: “We have agreed to suspend our proceedings until such time that the mayor, alongside the Birmingham Chamber of Commerce, have concluded their negotiations with the government.
“Independently we accept that it is important that the sector allows its elected representatives to see such discussions through.
“We feel it would be prudent to allow them to follow their inquiries first before we proceed.”
Mr Morgan said the basis of the class action was primarily to understand more about why pubs and restaurants were closed, particularly as non-essential shops, gyms and other venues have re-opened under Tier 3.
“It is important that this position is understood, and is the basis for constructive discussions between all parties.
“We welcomed the discussion with the mayor and I have opted to delay our action to allow the mayor and leader of the council to continue constructive dialogue with the UK Government in the hope this can be resolved.
“We are confident in the Mayor’s ability to get the result we are looking for.”
However, he added: “We understand that this may not turn out as we hope and, as such, our case remains in place should such a suitable resolution not be achieved.”
By Tony Collins
