https://www.bbc.com/news/uk-england-beds-bucks-herts-61276303
Covid breach court case criticised by Bedford gym owner
By Jon Ironmonger
BBC Look East
Published19 hours ago
Share
Alex Lowndes
IMAGE SOURCE,GAINZ FITNESS & STRENGTH
Image caption,
Alex Lowndes said gyms should never have been closed
A gym boss who is among more than 20 people who overturned a prosecution
for a gym-related Covid breach said the case against him was a waste of
time.
Alex Lowndes refused to close his 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.
A lawyer told the BBC she had successfully defended 23 similar cases.
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
Image caption,
Police gave a prohibition notice to Gainz Fitness & Strength in Bedford
in November 2020
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 faced a £10,000 fine and was due to stand trial last in March but the >council failed to gather enough evidence.
The authority requested an adjournment, which was rejected by magistrates.
presentational grey line
Cases successfully defended
Lucinda Nicholls
IMAGE SOURCE,NICHOLLS & NICHOLLS
Image caption,
Lucinda Nicholls said the prosecutions "make no sense"
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."
Gainz Fitness & Strength in Bedford
IMAGE SOURCE,GAINZ FITNESS & STRENGTH
Image caption,
Gainz Fitness & Strength in Bedford is a 24-hour gym
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."
Michael Ejercito wrote:I am wonderfully hungry!
https://www.bbc.com/news/uk-england-beds-bucks-herts-61276303
Covid breach court case criticised by Bedford gym owner
By Jon Ironmonger
BBC Look East
Published19 hours ago
Share
Alex Lowndes
IMAGE SOURCE,GAINZ FITNESS & STRENGTH
Image caption,
Alex Lowndes said gyms should never have been closed
A gym boss who is among more than 20 people who overturned a prosecution
for a gym-related Covid breach said the case against him was a waste of
time.
Alex Lowndes refused to close his 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.
A lawyer told the BBC she had successfully defended 23 similar cases.
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
Image caption,
Police gave a prohibition notice to Gainz Fitness & Strength in Bedford
in November 2020
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 faced a £10,000 fine and was due to stand trial last in March but the
council failed to gather enough evidence.
The authority requested an adjournment, which was rejected by magistrates. >>
presentational grey line
Cases successfully defended
Lucinda Nicholls
IMAGE SOURCE,NICHOLLS & NICHOLLS
Image caption,
Lucinda Nicholls said the prosecutions "make no sense"
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."
Gainz Fitness & Strength in Bedford
IMAGE SOURCE,GAINZ FITNESS & STRENGTH
Image caption,
Gainz Fitness & Strength in Bedford is a 24-hour gym
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."
The only *healthy* way to stop the pandemic, thereby saving lives, in
the U.K. & elsewhere is by rapidly ( http://bit.ly/RapidTestCOVID-19 ) finding out at any given moment, including even while on-line, who
among us are unwittingly contagious (i.e pre-symptomatic or
asymptomatic) in order to http://tinyurl.com/ConvinceItForward (John
15:12) for them to call their doctor and self-quarantine per their
doctor in hopes of stopping this pandemic. Thus, we're hoping for the
best while preparing for the worse-case scenario of the Alpha lineage mutations and others like the Omicron, Gamma, Beta, Epsilon, Iota,
Lambda, Mu & Delta lineage mutations combining via
slip-RNA-replication to form hybrids like
http://tinyurl.com/Deltamicron that may render current COVID vaccines/monoclonals/medicines/pills no longer effective.
Indeed, I am wonderfully hungry ( http://tinyurl.com/RapidOmicronTest
) and hope you, Michael, also have a healthy appetite too.
So how are you ?
HeartDoc Andrew, in the Holy Spirit, boldly wrote:
Michael Ejercito wrote:
https://www.bbc.com/news/uk-england-beds-bucks-herts-61276303
Covid breach court case criticised by Bedford gym owner
By Jon Ironmonger
BBC Look East
Published19 hours ago
Share
Alex Lowndes
IMAGE SOURCE,GAINZ FITNESS & STRENGTH
Image caption,
Alex Lowndes said gyms should never have been closed
A gym boss who is among more than 20 people who overturned a prosecution >>> for a gym-related Covid breach said the case against him was a waste of
time.
Alex Lowndes refused to close his 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.
A lawyer told the BBC she had successfully defended 23 similar cases.
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
Image caption,
Police gave a prohibition notice to Gainz Fitness & Strength in Bedford
in November 2020
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 faced a £10,000 fine and was due to stand trial last in March but the >>> council failed to gather enough evidence.
The authority requested an adjournment, which was rejected by magistrates. >>>
presentational grey line
Cases successfully defended
Lucinda Nicholls
IMAGE SOURCE,NICHOLLS & NICHOLLS
Image caption,
Lucinda Nicholls said the prosecutions "make no sense"
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."
Gainz Fitness & Strength in Bedford
IMAGE SOURCE,GAINZ FITNESS & STRENGTH
Image caption,
Gainz Fitness & Strength in Bedford is a 24-hour gym
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."
The only *healthy* way to stop the pandemic, thereby saving lives, in
the U.K. & elsewhere is by rapidly ( http://bit.ly/RapidTestCOVID-19 )
finding out at any given moment, including even while on-line, who
among us are unwittingly contagious (i.e pre-symptomatic or
asymptomatic) in order to http://tinyurl.com/ConvinceItForward (John
15:12) for them to call their doctor and self-quarantine per their
doctor in hopes of stopping this pandemic. Thus, we're hoping for the
best while preparing for the worse-case scenario of the Alpha lineage
mutations and others like the Omicron, Gamma, Beta, Epsilon, Iota,
Lambda, Mu & Delta lineage mutations combining via
slip-RNA-replication to form hybrids like
http://tinyurl.com/Deltamicron that may render current COVID
vaccines/monoclonals/medicines/pills no longer effective.
Indeed, I am wonderfully hungry ( http://tinyurl.com/RapidOmicronTest
) and hope you, Michael, also have a healthy appetite too.
So how are you ?
I am wonderfully hungry!
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