The owner of an indepedent cinema who refused to comply with coronavirus rules and kept trading despite being ordered to shut has been handed a whopping £15,000 fine.
Cinema & Co in Swansea was told to shut by the Welsh Government and council bosses after owner Anna Redfern vowed to “take a stand” against the Covid pass sceheme – which applies to cinemas, theatres and concert halls.
And despite being told to obey the rules, Ms Redfern ignored a judge’s direction to shut up shop – and promptly re-opened.
The businesswoman, whose this week told supporters her own mother is seriously ill, found herself back in court again and risking a prison sentence for being in comtempt of court.
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Prosecuting solicitor Lee Reynolds told Swansea Magistrates’ Court that Ms Redfern’s dogged refusal to follow public health rules, designed to stop the spread of Covid, was both “deliberate and concerted”.
He said: “It didn’t need to get this far, a simple indication that matters would be put right and Covid rules would be adhered to would have satisfied the local authority.
“It has been a deliberate and concerted effort designed only to frustrate the attempt by the local authority to ensure compliance.
“These proceedings have been expensive, they need not have been.”
Cinema & Co, which also hosts a variety of events and gatherings, was initially ordered to shut by Swansea Council and Welsh Government officials on November 19 for alleged Covid rule breaches after the venue announced it would not enforce the Covid pass scheme.
Owner Ms Redfern vowed previously to “take a stand” against the new measures facing cinemas, theatres and concert halls, describing them as “discriminatory and unlawful”.
On November 30, a court judge rejected her appeal to dismiss her case and ordered the venue to follow Covid-19 regulations and respect the council’s closing order. Ms Redfern was also told to pay the council’s legal costs of £5,265. The day after the court case, Cinema & Co appeared to re-open and host a Christmas film screening to those who booked online.
Last week, Cinema & Co announced it would be cancelling its film schedule for the rest of the year to deal with family reasons.
Swansea Council however said it was taking no chances and, on December 11, bolted the business’ shutters to the floor.
On Tuesday, Ms Redfern arrived at Swansea Magistrates’ Court – along with her brother Noah, who runs Uplands bar Noah’s Yard and former Senedd Member Neil McEvoy. A handful of supporters were also outside the court – including one holding up the sign “medical apatheid is wrong”.
Ahead of the hearing, a press release issued by Mr McEvoy on behalf of Ms Redfern vowed that the cinema owner would be pleading “not guilty” to all charges.
However, hours later, Ms Redfern admitted to District Judge Neale Thomas that she had been in contempt of court.
During the course of the hearing, the court heard that there had been more than 70 complaints about Cinema & Co to the council.
And the premises had opened on November 19, 20, 21, 22, 23, and 24. Those were witnessed by various local authority employees, but also by social media clips posted by the defendant herself indicating she “had no intention of complying”.
Defence solicitor Jonathan Gwyn Mendus Edwards asked the court to be lenient with his client.
He said: “My client runs a small independent cinema and in these circumstances it is not a source of wealth. My client does not run it principally for profit. My client is a person of many other praiseworthy attributes. Many of her cinema shows are free for the homeless. She would like to be able to sing in a choir but cannot because that is one of the activities made difficult in these circumstances. She had to pick ways open to her and they did involve breaking the law.
“I will ask the court to consider there can be mitigation in that if it’s done as a principle. In this case it was.”
He added: “The conversation is whether the court can allow some mitigation when considering what her motives were. It’s probably too late but she took advice which brought the protest to an end. This could have been dealt with earlier.
“She’s obligated to submit to the laws of this country and asks for mitigation you can allow. I ask you not to send her to prison for contempt which she has admitted.”
District Judge Thomas said it was clear that Ms Redfern had broken the law.
He said: “There’s no such thing as a justified contempt of court and the issue that arose between the two parties was overtaken by an imposition of that order. Court orders are there to be obeyed, compliance is not an option.”
Ms Redfern was given a 28 day prison sentence suspended for nine months and a combined fine of £15,000 – £5,000 for each offence.
She will also have to pay court costs of £8,940 and a court fee, called a victim surcharge ,of £190.
She has 56 days to pay.
The defendant thanked the judge as she left the court.
In a statement, she later said: “Going forward, the regulations will be followed to the letter.
“If a person states they are exempt from wearing a mask, that will be respected by Cinema Co and no questions will be asked. If a person presents without a Covid passport, they will be simply asked if they have an up to date lateral flow test. If the individual say they are legally exempt from this, that will be respected, they will not be asked further questions and they will be admitted to Cinema and Co. That’s the law, which I will take full advice.
“I am looking forward to re-opening and continuing to provide a much needed service for the whole community to enjoy. It will be lovely to get back to children’s birthday parties, events for the homeless and allowing people to access their right to culture.
“My priority now is caring for my terminally ill mother, who has been my inspiration and my strength throughout this whole traumatic ordeal.”
Re cap live updates in the case below
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