Judge halts bid to close cinema defying pass rule
A COUNCIL move to force the closure of a business which is refusing to enforce the Covid pass scheme for customers has been postponed after a district judge raised issues about the legality of the process.
Swansea Council is seeking a court order to shut independent cinema and coffee shop Cinema & Co after its boss said she would not enforce the coronavirus measures and described them as “discriminatory and unlawful”.
However, a district judge sitting at Swansea Magistrates’ Court yesterday expressed his concerns at the application by the council and the matter has been adjourned to next week for written submissions on the powers the council is seeking to use.
A barrister for the local authority urged the shortest possible adjournment to the hearing, given “the state” of the premises involved and “inflammatory” statements the owner is posting online. The boss of Cinema & Co, Anna Redfern, did not attend yesterday’s hearing.
Miss Redfern has vowed not to enforce the Covid pass scheme and said the venue would “take a stand” against the new measures – which apply to cinemas, theatres and concert halls – calling them “discriminatory and unlawful”.
Last week the Castle Street venue was issued with a closure order by Swansea Council telling the owners to shut for a maximum of 28 days. A council spokesman said at the time that the notice was issued due to the absence of any measures to protect the public against Covid-19.
But the venue reopened the next day, with the owner saying: “I will continue to trade responsibly and in line with all the other businesses in the immediate area. I am a single mum with two small boys and I will not allow a council officer with a clipboard to end my right to provide for my family.” The council said in response that it was considering further steps to ensure the venue complied with the current Covid regulations. Yesterday it took that next step and sought a court order. But district judge Neale Thomas questioned whether it was “proper and legal” for the local authority to seek a closure order under the Public Health (Control of Disease) Act 1984 to effect action under Covid regulations, noting the Welsh Government had chosen not to include closure powers in its coronavirus legislation. He asked for written submissions from the local authority on the matter and adjourned the hearing to November 30. Lee Reynolds, barrister for the council, said the local authority was concerned about any adjournment in proceedings, given “the state” of the premises. He said there were “limited enforcement powers” under the Covid regulations in cases “where a person simply refuses to comply”. He added: “The respondent [Miss Redfern] is making assertions in the press and posting matters online that are inflammatory. This is a premises which simply seems to think that the pandemic does not exist. It is being painted as an attack on the cinema industry. That is far from it. The cinema sector has behaved impeccably.”
I will continue to trade responsibly and in line with all the other businesses in the immediate area. I am a single mum with two small boys and I will not allow a council officer with a clipboard to end my right to provide for my family Cinema & Co owner, Anna Redfern