It's not hair-splitting or point-scoring - it's what happened. When faced with the choice between the legal duty to deliver profit to shareholders and the moral duty to follow an instruction from Boris with no legal force, some directors arguably chose the legal duty. We can argue about whether Tim Martin had other motivations too, but I think no-one can touch him for his dangerously foolish (I agree with Piers Morgan for once!) outbursts because of the above difference.
It's similar to the requests to other businesses to close. Requests don't allow even the few that have business continuity insurance to claim and so it basically forces some to remain open. People were pointing this out all week.
The government should have stated that licensed premises should close immediately on pain of being ordered completely closed (no takeaways/deliveries) as instances of public disorder (an existing power under the Licensing Act) and they would be instructing licensing authorities to take a very dim view come renewal - and that last bit would have increased the expected financial cost of disobedience to bring the legal duty into line with the moral one. Ideally, this order would have gone out before the weekend's produce had been delivered, not just as they got busy on Friday evening.
Arguably other premises could have been closed as "disorderly houses" as reportedly happened in Scotland, but I'm less familiar with that law, having worked in a public house but not a disorderly house
That's a false dilemma. There were actions possible between Boris's pathetic requests and his lockdown - besides, are the current closures of non-essential businesses being enforced that way? No, it seems such numbers of paramilitary police isn't required to close things.
Pubs and licensed cafes and restaurants closed about 30h sooner, less close-proximity mixing on the sunny Saturday, less transmission, fewer hospitalisations, fewer deaths?
Boris's requests with no legal effect were as pathetic as the "would you mind awfully...?" ones of posh Sgt Wilson from Dad's Army. I'm surprised anyone doesn't know that character.