Enforcement action taken against two Darlington businesses

Enforcement action has been taken against two Darlington businesses after they were found to be flouting the new national lockdown restrictions.

In both cases officers from Darlington Borough Council’s Environmental Health team were alerted to activity on premises that should have closed their doors from November 5 by complaints from members of the public.

The first action was taken against the Carpetright store, on Yarm Road Retail Park, on Friday, November 6, which had remained open to the public despite not falling under the ‘essential retailer’ criteria set out by Government.

When officers visited the store they found the doors unlocked and members of the public were able to walk in. Staff at the store informed the officers that they were open for businesses and provided a letter from the company’s head office, which they had been given in the event of an enforcement visit.

The letter claimed the company had an exemption to the requirement to close under the coronavirus lockdown regulations on the basis that it was a building merchant and not a carpet retailer.

Officers disagreed with this interpretation and, having been unable to speak to anyone at the Carpetright head office, served the store with a prohibition notice, formally closing the premises.

The store has made no further attempt to reopen. Similar notices have been served on Carpetright stores by officers in other local authority areas under the legislation.

The second prohibition notice was served on TUFF Gym, in Chatsworth Terrace, following complaints from local residents.

Officers from Durham Police visited the gym on Tuesday, November 10, and found that the premises were open to the public. When police officers spoke to staff they refused to close, despite gyms being a business that must close during this lockdown period.

Environmental health officers were aware that the venue continued to keep its doors open to the public and also found social media posts from staff members indicating that it would remain open.

A prohibition notice was served on the owner on Wednesday, November 11, following liaison with police, which formally means the gym must close.

However, a further visit by police on Wednesday evening, after the notice was served, found the gym still to be open to the public.

The council and the police are working together to decide on future enforcement action against the gym, which could include Fixed Penalty Notices or prosecution.

Councillor Kevin Nicholson, cabinet member for health and housing, said “I know how difficult this national lockdown is for everyone and I do recognise how important exercise is for people’s physical and mental wellbeing.

“However, these regulations are in force to prevent the spread of coronavirus, reduce the risk of community transmission and to protect our NHS.

“We cannot permit businesses and individuals to break the law which is in place to keep us all safe. Our officers use enforcement action as a last resort - in both cases we were alerted to the activities in the two premises by concerned members of the public and we made attempts to engage with the company owners, which regrettably did not prove successful.

“We will not hesitate to act where there is any sign that a business – whether a big national chain or a local independent – is flouting the lockdown restrictions.”

Financial support including grants worth up to £3,000 per month is available for businesses forced to close in England, and there is the extended furlough scheme to support employers to pay their staff.

Full details can be found on our website at www.darlington.gov.uk/coronavirus

Anyone with concerns about a business operating outside of the restrictions can email [email protected] with details.