High Court brings forward opening of bars and restaurants until midnight and extends capacity to 50%

Court accepts appeal from Hotel and Catering Guild and the measure will come into force today or tomorrow

3 min
Terrassa of a bar restoring

BarcelonaChange of plans for covid restrictions: Catalonia's High Court has accepted an appeal by the Hospitality Guild and has brought forward some of the new measures that the Catalan Government wanted to apply from Monday. Between today and tomorrow, once the judges' decision has been notified, bars and restaurants will be able to open until midnight - now it is until 11pm - and maximum capacity will be increased to 50%, instead of 30%.

The Generalitat had proposed that starting next Monday bars' and restaurants' opening times be lengthened to 6am until 12pm. In addition, the limit will be increased from four to six diners per table. With the court's decision, the closure at midnight will be applied earlier - today or tomorrow, once the court has notified the decision - and, although the Government wanted to keep maximum capacity at 30%, once the resolution is notified it will increase to 50%.

The High Court ruling has not been unanimous, as there has been division among the six sitting judges: three in favour and three against. To resolve the tie, they had to convene the discord chamber, for which three more judges were called. The deliberation of all nine judges has ended with a majority agreement to allow the request of the restoration to extend the hours of service and capacity. The resolution in which the judges argue the decision has not yet been made public, but it will obviously contain dissenting opinions by the judges who voted against it.

The other changes

As well as the easing of restrictions on the hospitality sector, there will be changes to maximum capacity at cultural events (70%), shops and universities (50%). In addition, social gatherings of people from different coexistance bubbles of up to ten people will be authorised, after the High Court, in this case, has endorsed their suitability as otherwise it would affect fundamental rights and freedoms. Until now the meetings were limited to a maximum of six people. "The logical progression of the epidemic allows us to relax more measures," argued Vergés in relation to the drop in epidemiological indicators thanks, above all, to the effects of vaccines.

The court has also ratified that the maximum capacity in religious ceremonies, weddings and civil funerals is 50%, with a maximum of 1,000 attendees or 3,000 if ventilation conditions are optimal or reinforced. The TSJC argues that, according to the report provided by the Public Health Agency of Catalonia, most of the outbreaks, 53.3%, have occurred in homes and family and social gatherings, 21.5% in classrooms and 11.1% at work. "The number of active outbreaks reported at the family and social level far exceed those in other areas," the judges explain in acceptin the ten-people maximum on gatherings. They see it as "essential to continue to bend the epidemic curve and reduce contagion and community transmission".

The magistrates add that the population group between 15 and 29 has the highest incidence of coronavirus, above other age groups, and that this "could be explained" by the activity they do in their community environment and leisure time, taking part in both public and private "social gatherings". The High Court recalls very few people under 50 have been vaccinated and considers that this supports "continued restrictions and limits" on family and social gatherings which, "as has been proven, is where most non-compliance of measures occurs".

Health authorities explained that the epidemiological curve continues its downward trend although the gradual reopening of the last few weeks is delaying improvement, due to increased interaction. "It was expected and, moreover, it means that curfew was an effective measure. That's why we kept it for so many months," said the secretary general of Health, Marc Ramentol.

Masks outside

The deputy director of Civil Protection, Sergio Delgado, has insisted that the pandemic is not over and that the easing of restrictions should not lead to a relaxation of individual and collective measures: "We can move forward, but always with self-protection measures: physical distance, ventilated spaces, masks and hand hygiene." Acting Catalan Health Minister Alba Vergés also gave the same message: "The epidemic is not over but, with caution, we can try to take steps forward with hope".

However, she admitted that "probably" the mask would disappear "soon" in "low-risk" environments such as outdoors, as raised by the director of the Centre for Coordination of Health Alerts and Emergencies (CAES), Fernando Simon. "Everything will come. We do not have to run," he clarified.

Increased mobility

Catalan Minister of Home Affairs Miquel Sàmper has anticipated up to 530.000 vehicles will leave Barcelona metropolitan area this weekend due to the Bank Holiday on Monday, very similar figures to those registered before the pandemic. For that reason, and thinking more about safety on roads than about the epidemiological situation, he informed that 1.400 police officers would set up 1.200 checkpoints to ensure safe mobility.

As for police intervention to ensure compliance with the recommendations against coronavirus, the commissioner and spokesman for the Mossos d'Esquadra, Joan Carles Molinero, has reported that the presence of riot police in social interaction "hot spots". This deployment will be especially strong in Barcelona, where over the last two weekends thousands of people who were partying on the streets were dispersed, and the Emergency Medical System (SEM) had to attend to 386 people for drug and alcohol intoxication.

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