A legal challenge to the 10pm hospitality curfew is set for a second court hearing on 3 December.
Jeremy Joseph, owner of the G-A-Y nightclub group, is continuing to push for a judicial review after a court refused permission for the case to go ahead last month.
He claims the government has not provided scientific evidence to support the controversial closing time, which has been enforced since 24 September.
The curfew is in place across all of England's three-tier coronavirus restrictions, which are expected to be reintroduced when the national lockdown ends on 2 December.
Government advisers said yesterday that the tiers may need ‘strengthening' to get the country ‘through the winter months'.
Joseph said in a statement: "We would much rather not have to go to court. However, if the government decide to bring [the curfew] back, we are able to challenge them through our hearing immediately.
"The curfew doesn't help control the virus, and it destroys livelihoods.
"Hospitality businesses need the opportunity to recover, but they will be unable to while subject to a counter-productive curfew."
The legal action is being backed by the Night Time Industries Association (NTIA), which represents 1,200 bars, clubs, casinos and music venues.
Hospitality leaders in Greater Manchester are behind a separate legal case against the imposition of Tier 3 (very high) restrictions on the region, which were in place before this month's lockdown.