A crepe stall closed down by the council over fears massive queues would help spread coronavirus has taken to the high court to fight to stay open.
Landlord of the King William IV pub, Jimmy McGrath, hired a barrister to argue his case after his business La Creperie was closed following complaints from those living nearby.
La Creperie, which opened in November, is just yards away from La Creperie de Hampstead – a 40-year-old business popular with celebrities including Kate Moss and Harry Styles.
Queues at both crepe businesses had started to clog the pavement in the affluent area of Hampstead in north London and concerned residents called the police.
Both stalls were closed down, but Mr McGrath is taking Camden Council to the High Court claiming that it is not up to them to police the queue.
Landlord of the King William IV pub, Jimmy McGrath, hired a barrister to argue his case after his business La Creperie (pictured) was closed following complaints from those living nearby
He said the businesses were being punished for the public’s inability to socially distance and wear masks.
The authority said social distancing was made impossible by both stands having such long queues and slapped a 21-day closure order on them both.
But La Creperie wants to challenge the council’s move at a judicial review.
Mr McGrath’s barrister Robert Griffiths QC has written to Health Secretary Matt Hancock saying the order is illegal and calling on him to take action.
The landlord had already been fined £1,000 for initially rejecting the order to shut down – a fine that could double until hitting the maximum of £10,000 if he stays open.
Camden council said social distancing was made impossible by both stands having such long queues and slapped a 21-day closure order on them both. Pictured, social distancing measures were in place
Mr Griffiths said: ‘We made representations to the secretary of state, Matt Hancock, on the basis that to close a business because members of the public not complying with guidance – not social distancing or wearing face masks – is an error of law.
‘The responsibility is on the individual and isn’t law, but guidance. No other business is expected to police their customers when they are outside in a queue on the public highway. How can he [Mr McGrath] control that?
‘Hampstead Tesco has remained trading – people queue outside, some without masks or social distancing, but they’ve not been ordered to close. The big retail operators don’t seem to be treated the same way as the smaller ones.
‘This case actually raises a big legal issue – firstly that it is only guidance not law and secondly there is no obligation on the part of the operator of the business to enforce this guidance.’
La Creperie, which opened in November, is just yards away from La Creperie de Hampstead – a 40-year-old business popular with celebrities including Kate Moss and Harry Styles (pictured)
Mr McGrath opened the stall in November when the hospitality industry was hit with another national ‘circuit breaker’ lockdown.
The opening of a second crepe business just yards apart caused ‘confusion’ among locals over which queue was for which stand.
La Creperie de Hampstead has been open for around 40 years and has seen Hollywood A-listers such as Ashton Kutcher and Mila Kunis visit the small shack while visiting London.
Since the start of this year when a third national lockdown was imposed by the government, outdoor and takeaway businesses have been allowed to continue trading.
Bosses at both creperies say that they have put in social distancing measures and asked customers to wear face masks.
The opening of a second crepe business just yards apart caused ‘confusion’ among locals over which queue was for which stand
But in the wake of their closure, Mr Griffiths said if his client is successful the ruling could have implications for many other businesses across the country.
He added: ‘He [Mr McGrath] wants to comply and has done so, he has put up signs, barriers, brought in a COVID marshal and asks customers to wear masks and socially distance, but he can’t force people to. This is a very robust step for the council to take.
‘If Matt Hancock doesn’t take action we will make an application for a judicial review in the High Court. We will be asking for an expedited hearing due to the legal and constitutional issues involved.
‘It’s of huge significance because it is about the relationship between guidance, law and our constitution.
‘We have not yet had a case taken to the High Court in relation to lockdown, so it could have an impact on a lot of businesses. I think the prospect of success is very good. It’s a very strong case.’
La Creperie de Hampstead has been open for around 40 years and has seen Hollywood A-listers such as Ashton Kutcher and Mila Kunis visit the small shack while visiting London
The current closure order lasts until February 28, but the council wants to extend this further, Mr Griffiths said.
Camden Council said the long queues were a ‘serious and imminent threat to public health’.
A spokesman for the authority said: ‘The large queues coming from both these businesses, together with a lack of social distancing and face coverings being worn, were causing congestion on the pavement and presenting a serious and imminent threat to public health.
‘Unfortunately, we had no option but to ask these businesses to stop trading, despite our efforts to work with them to resolve these problems.
‘We are committed to continuing a dialogue with these businesses in order to deliver a positive outcome and we’d like to remind all our residents that the risk of catching and spreading COVID-19 remains very high – and we are asking people to stay at home apart from absolutely essential reasons to save lives and protect the NHS.’
Camden Council’s closure order came weeks after police were forced to break-up huge crowds that gathered outside the two stalls.
Dozens of customers were pictured queuing on January 2 leading local residents to call police over fears of the large crowds.