A legal challenge to Tier 3 restrictions backed by more than 250 hospitality businesses in the Birmingham area has been put on hold while local leaders push for more government support for the industry.
Restaurateur Sam Morgan, who is leading the call for a judicial review, said he did not want any action to "delay or hinder" discussions.
West Midlands mayor Andy Street and the local Chamber of Commerce are understood to be asking the government to provide extra support for the local hospitality sector.
Morgan, owner of the Craft and 8 restaurants in Birmingham, said he welcomed the "open and constructive" discussion with the mayor, who was "proactively" seeking help for the industry.
He said: "We accept that it is important that the sector allows its elected representatives to see such discussions through.
"The basis of [the judicial review] is primarily to understand more about why we are closed and how we can move forward as a sector and bring this matter to a close with our businesses remaining strong to support the economy.
"As such I have opted to delay issuing the letter before action to allow the mayor and leader of the council to continue constructive dialogue with the UK government in the hope this can be resolved.
He added: "We understand that this may not turn out as we hope and as such our case remains in place should such a suitable resolution not be achieved."
Morgan's action is based around asking the government to provide evidence of why Tier 3 rules now require hospitality to close when restaurants and pubs could previously stay open if they served ‘substantial meals'.
A number of other legal cases against government restrictions are ongoing, including one brought by hospitality leaders in Greater Manchester challenging imposition of Tier 3 rules on the region.