An east London council has been ordered to pay £24,000 in legal costs after a botched attempt to prosecute a cinema for breaking Covid rules.
A criminal case was brought by Tower Hamlets council against the Genesis Cinema in Bethnal Green, accusing the family-run arthouse venue of flouting the pandemic rules in November and December 2020.
Genesis Entertainment Ltd, the firm which runs the cinema in Mile End Road, denied any wrongdoing and hired lawyers to fight its case.
After a protracted legal battle, the council eventually dropped the charges last October, offering no evidence after a “reconsideration of the public interest in continuing with the prosecution”.
Last week Stratford magistrates’ court ordered the council to pay £24,000 in costs racked up by Genesis Entertainment Ltd.
Cinema owner Tyrone Walker-Hebborn said: “We are delighted that justice has been done. We would never knowingly break the law and it’s been a tough time for the staff knowing that this case was pending.
“I am proud of my staff for standing up for what is right.”
The cinema had faced four allegations it broke Covid rules by failing to close outdoor seating, which the council claimed was used by takeaway customers for eating and drinking.
The venue refused to pay a fine, denying it had used the outdoor seating illegally and challenging the council’s power to bring a prosecution.,
Legal documents show the council was contacted by lawyers for Genesis in June 2021, but they refused to accept the case was on shaky legal ground.
However, the local authority eventually pulled the plug on the case in October last year, offering no evidence after a “reconsideration of the public interest in continuing with the prosecution”.
Stratford magistrates court ruled last week that the council should pay the £24,000 legal bill due to the way it had handled the case.
“Errors were made. Genesis Entertainment should not have to pay for those errors”, barrister Neil Corre told the court.
“A reconsideration of the public interest test should have been made earlier than the day before trial.”
A Freedom of Information request by the Evening Standard reveals that Tower Hamlets has issued £40,000 of fixed penalty notices during the pandemic, including to cafes, restaurants, pubs, and car washes for breaking the pandemic restrictions.
London Domestic Appliances was prosecuted twice and fined £14,000 for flouting the rules, including once when Trading Standards caught a shop assistant trying to sell a fridge.
The council has enforced restrictions on consuming food and drink inside, opening hours, the mandatory wearing of masks, and 10pm closing time, and also imposed two £1,000 fines when AirBnb properties were hired out for parties.
