Owners of bars, restaurants and cafes are taking the government to court in a bid to relax the 1.5 metre social distancing rules.

Catering sector businesses say the rules that have been in force since they reopened in May are an excessive restriction on their trade and are more strict than those that apply to other sectors.

Bars and restaurants have to ensure customers keep 1.5 metres apart, except for those in family groups, or use plastic screens to prevent the virus spreading across tables. Smaller establishments in particular have struggled to stay afloat because of the limited number of customers they can cater for.

The umbrella body Koninklijke Horeca Nederland (KHN) has applied for an injunction to force the government to relax the rules, arguing that the current situation violates their constitutional rights. KHN also wants objective criteria to be applied so businesses can better anticipate when the rules can be relaxed further.

The injunction hearing is due to take place on July 23.

Robèr Willemsen, chairman of KHN, said the organisation was taking legal action because talks with the government had failed to produce constructive results.

‘There are definitely ways the rules can be relaxed further in a responsible way with due consideration to public health. But when you’re faced with a counterpart that is offers no co-operation at all, you have to draw your conclusions and try a different route,’ he said.

Justice minister Ferd Grapperhaus said he was ‘surprised’ by the industry’s decision to take legal action. ‘The cabinet has always said it is prepared to talk to all sectors, including KHN,’ he said.