Gym owner calls lockdown breach case ‘waste of time’

A GYM owner who faced a £10,000 fine for breaching lockdown rules has had his case dropped along with more than 20 others.

Police raided Alex Lowndes’ gym, Gainz Fitness & Strength, in November 2020 after he refused to shut his premises on the day new restrictions were imposed.

Gyms, along with pubs, restaurants and non-essential shops, were forced to close for four weeks. Only under extremely specific circumstances could sports venues operate, such as the training of elite athletes who earn their living through competing.

Officers, with support from Bedford council, issued Mr Lowndes with a fixed penalty notice and charged him with breaching lockdown regulations – which he denied.

The 32-year-old was due to stand trial last March and faced a £10,000 fine but the case against him collapsed after the council failed to gather enough evidence.

The authority had requested an adjournment, but this was rejected by magistrates. Mr Lowndes told the BBC his prosecution was a “waste of time” and that it was “ludicrous” to continue to prosecute people for exercising after details of the “partygate” gatherings in Westminster came to light.

He said: “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.

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

Lucinda Nicholls, a London-based criminal defence lawyer, said she had represented 25 cases alongside Mr Lowndes, the majority of which involved an alleged gym-related Covid breach. Twenty-three of the cases were found in her clients’ favour.

She said that in the majority of cases, a penalty notice was issued when there was an exception or reasonable excuse argument.

“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. This is completely unnecessary.”