Covid breach court case criticised by gym owneron May 3, 2022 at 5:15 am

- Advertisement -
- Advertisement -
- Advertisement -
- Advertisement -

Alex Lowndes’ gym faced prosecution for opening in lockdown but the case was thrown out of court.

Alex Lowndes

Image source, Gainz Fitness & Strength

A gym owner who faced a £10,000 fine for breaching lockdown rules said the failed prosecution against him was a waste of time, money and resources.

Alex Lowndes refused to close Gainz Fitness & Strength in Bedford in November 2020, when restrictions were imposed in England.

Bedford Borough Council’s case collapsed but the authority said it had acted in the public interest.

It is one of more than 20 similar cases that have been successfully defended.

Under Covid regulations at the time – the second national lockdown in England – sports venues could only open in limited circumstances, such as for the training of elite athletes.

Gainz Fitness and Strength

Image source, Bedfordshire Police

Infection rates and hospital admission were rising in the area but Mr Lowndes said he felt strongly that gyms should remain open.

‘Based on principle’

“It became clear it was an airborne disease, you’re more prone to it if you’re unhealthy, overweight, etc, and gyms contributed a very small amount to the spread of the virus,” he said.

“From a mental health point of view, gyms are really important, people depend on them, and I think people underestimate that.

“[Contesting the case] was based on principle. We should never have shut in the first place and we stand by what we did at the time.”

The gym was raided in November 2020 and Mr Lowndes charged with a breach of lockdown regulations, which he denied.

He was due to stand trial last in March when the council requested an adjournment, which was rejected by magistrates.

presentational grey line

Cases successfully defended

Gainz Fitness & Strength in Bedford

Image source, Gainz Fitness & Strength

Gyms in England and Wales were forced to close over various periods during the pandemic but many defied the measures to stay open.

London-based criminal defence lawyer Lucinda Nicholls said she had represented 25 cases involving an alleged gym-related Covid breach, 23 of which were found in favour of her client.

In most cases, a fixed penalty notice was issued when there was an exception or reasonable excuse argument, she said.

“The biggest issue is enforcement of the legislation – the law hasn’t been followed, but councils and prosecutors doggedly insist on proceeding, it makes no sense,” she added.

“We’ve been in scenarios where costs have just added and added, and we’ve written to the local authority saying, ‘Why are you doing this?’ This is completely unnecessary’.”

Local Authorities as well as the police or Crown Prosecution Service have the power to issue and pursue fixed penalty notices in the courts.

The CPS said each case was considered based on its “individual merits” and prosecutions followed “whenever our legal test is met”.

The Local Government Association did not wish to comment.

presentational grey line

Mr Lowndes claimed the council case was “flimsy” and “inept”, and that it was also “ludicrous” to continue to prosecute people for exercising after details of the “partygate” gatherings in Westminster emerged.

“They [the council] should have looked at it even six months in and gone ‘this is a waste of time’,” he added.

“But they kept going and they kept going, they brought in an external barrister, they kept spending money, and it just got out of control.”

Bedford Borough Council said regulations were enforced in line with its duty at the time.

“We brought this case because there was ample evidence for a successful prosecution following the non-payment of a fixed penalty notice and because it was in the public interest,” said a council spokesman.

“It is important that we remember that the threat posed by the virus then was very different to that which we face now.”

“The pandemic isn’t over but the combination of immunity from prior infection, vaccinations and antivirals has made it possible for us to return cautiously to the activities that we love.”

presentational grey line

Find BBC News: East of England on Facebook, Instagram and Twitter. If you have a story suggestion email eastofenglandnews@bbc.co.uk

- Advertisement -

Discover

Sponsor

Latest

Christmas Eve pub shooting: Man charged with Elle Edwards murderon January 13, 2023 at 1:30 am

The 26-year-old was shot at the Lighthouse pub in Wallasey on Christmas Eve.Image source, Family handoutA man has been charged with the murder of...

Thomas Tuchel criticises Chelsea fans for Roman Abramovich chants during Ukraine tributeon March 6, 2022 at 12:35 pm

Thomas Tuchel criticises Chelsea supporters who sang owner Roman Abramovich's name during a minute's applause for Ukraine before their 4-0 win over Burnley at...

Looking For the Best Shows of the Year?

If you are someone who loves to watch the hottest shows of the year, then you should know that there is plenty to choose...

Jack Dromey: Birmingham ‘will not be the same’ without the veteran MPon January 8, 2022 at 11:53 am

Tributes are paid across the West Midlands following the death of the Labour Erdington MP.Image source, PA MediaBirmingham has "lost a dedicated servant" with...

Oscar Pistorius makes new parole bid 10 years after killing girlfriend Reeva Steenkampon November 24, 2023 at 11:08 am

The former Paralympian is serving over 13 years for murdering his girlfriend Reeva Steenkamp in 2013.The former Paralympian is serving over 13 years for...