Challenge to government

Restaurant wins court ruling to operate as cafe

Eusebi’s Deli can stay open following a court ruling

A court ruling that a Glasgow restaurateur can operate as a cafe may have implications for government attempts to shut down some businesses.

Eusebi’s Deli is among a number of hospitality businesses facing enforcement action from the city council during “circuit breaker” restrictions affecting the Central Belt.

Final warnings have been issued to a number of businesses, ordering them to close.

However, Giovanna Eusebi secured an interim interdict from the Sheriff Court in Glasgow on Tuesday night which prevents the local authority from serving her with a prohibition notice that would force her to shut. 

It is understood the temporary ruling centred on receipts from the past two weeks which Ms Eusebi said had shown that the venue has primarily served “cafe food” and coffees. 

Under government orders, bars and restaurants are ordered to close until 2 November.

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Cafes are defined as establishments which sell “non-alcoholic, drinks, snacks and light meals” as their primary business activity.

This could, though, include cafes with a liquor licence, which will be allowed to stay open if they stop selling alcohol.

The sheriff’s ruling comes as five of Scotland’s Hospitality Industry bodies are taking legal action against the Scottish government’s restrictions on the licensed trade.

The First Minister said that establishments “will know if they are a restaurant”, while decisions would be based on the type of service businesses would normally provide.

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