A married couple who were fined £35,000 for refusing to close their gift card shop during the Covid lockdowns because they said it also sold essential items have won a court appeal against their conviction.
Alasdair Walker-Cox, 55 and wife Lydia, 51, were fined after they stayed open despite non-essential shops being told to shut to stop coronavirus spreading.
Police stormed into their shop, Grace Cards and Books, in Droitwich, Worcestershire, in footage taken by the couple last February, ordering them to close.
Mr and Mrs Walker-Cox argued that they were an essential shop as they sold items available in WH Smith which was allowed to stay open during the pandemic.
The couple were taken to court over the matter and charged with seven breaches of The Health Protection (Coronavirus, Restrictions) Regulations.
They lost their trial at Kidderminster Magistrates Court last year and were fined a total of £35,000 and told to pay £9,000 court costs.
But Mr and Mrs Walker-Cox, who have seven children, appealed against the ruling and it was overturned on Friday by Judge James Burbidge QC who said: ‘We allow this appeal against his conviction and sentence.’
Alasdair Walker-Cox, 55 and wife Lydia, 51 (pictured), were fined after they stayed open despite non-essential shops being told to shut to stop coronavirus spreading
Police stormed into their shop (pictured), Grace Cards and Books, in Droitwich, Worcestershire, in footage taken by the couple last February, ordering them to close
Worcester Crown Court was told by Judge Burbidge that the lockdowns were ‘difficult times’ and the rules were ‘open to interpretation.’
Mr Walker-Cox, who has run the shop with his wife for 30 years, admitted in his appeal that he ‘disagreed’ with the lockdown rules.
Speaking after the case, Mr Walker-Cox said: ‘We are of course over the moon with the result.
‘This has been going on for a very long time. We never believed it should have gone to court and always believed we were in the right.
‘We have not decided yet whether to seek compensation. At the moment we just want to open and run our shop as we have always done.’
They had been served with numerous prohibition notices during lockdown two in November 2020 and lockdown three in February last year.
Mr and Mrs Walker-Cox, who have seven children, appealed against the ruling and it was overturned on Friday by Judge James Burbidge QC who said: ‘We allow this appeal against his conviction and sentence.’ Pictured: The police confront the couple for keeping their shop open
At their trial last August, the couple were accused of using fizzy drinks to ‘flout regulations.’
Prosecutor Howard Leithead, said: ‘Any shop can set up a few drinks and sell newspapers to become a newsagents – this clearly wasn’t a newsagents.
‘It sends a signal that it is easy to flout regulations.
‘The shop is a called a card and book shop that is exactly what it is.’
Defending, Natasha Hausdorff, said last August: ‘Grace Cards and Books was renowned for being a sugar craft company for a substantial amount of time.
‘This business has evolved over a number of years to serve to community.’
Mr and Mrs Walker-Cox argued that they were an essential shop as they sold items available in WH Smith which was allowed to stay open during the pandemic. Pictured: Police in their shop
Mr Walker-Cox had argued in evidence that he wanted to remain open as he had compared their shop to other shops like WH Smith which were open and that he was concerned about paying rent to the landlord.
He said: ‘We noticed WH Smith were open and we sold similar items to them so we remained open. We could increase our offerings of essential goods.
‘We have lots of cake making materials and we sold drinks before lockdown and brought a Coca-Cola refrigerator.
‘It was dismissed by the council as not being essential.
‘After a visit on the February 19 by the council, we sought guidance from the council about how we could go about being an essential offering.
‘That advice wasn’t forthcoming.’
