A Dundee publican says she has been left struggling financially and mentally after she was “unlawfully” punished for lockdown breaches.
Lynn Mackie of Ross’s Bar in Baffin Street lost out on grants worth thousands of pounds after she admitted serving alcohol to workmen carrying out maintenance in the pub during the first national lockdown.
Lynn was sanctioned by Dundee City Council licensing board in November, after a police report found she broke the coronavirus regulations on May 3 last year.
The council said this meant she was no longer eligible for Scottish Government grants, and Lynn has not received financial support since December.
Lynn, who has run the bar for 17 years, thinks she lost out on up to £30,000 during the national lockdowns.
Now her solicitor, Janet Hood, said it was “draconian, unlawful and unfair” of the council to withhold the grants and has demanded they be repaid.
Janet said: “My client is suffering extreme hardship and stress which is affecting her mental health. She is trying to restart a business after over a year of closure.
“She has not been in receipt of a wage or salary and has had to rely on low paid menial work to keep herself and her family afloat.
“I do not believe Dundee City Council would want to be seen to be treating its citizens in such a draconian, unlawful and unfair manner.”
What are the rules?
Scottish Government guidance says businesses which breached Covid-19 regulations are generally disqualified for grants.
But it does say in cases involving “inadvertent or minor breaches”, local authorities can use discretion if they believe a business is now complying.
Lynn and Janet both maintain the breaches which led to the council refusing to pay the grants were at the lower end of the scale and were not criminal acts.
It adds that in respect of covid-related laws and guidance, authorities should “educate, explain, encourage,” and as a last resort, “enforce”.
Janet said: “This has certainly not happened in this case where the only action taken was to enforce.”
Janet has now written to the council on Lynn’s behalf but the landlady said her health has suffered due to the stress of losing the grant.
Lynn said: “I still maintain my innocence.
“What I did, giving a pint to the workmen, may have been stupid but it wasn’t a criminal act.
“As a result of the council using their discretion over this I lost out on £30,000, which would have made a huge difference to me getting the business going again [after lockdown].
“I have had a dreadful time both in financial and health terms.
“The stress and anxiety got so bad I had to go to my doctor.
“I am open and in business again but it’s been a major struggle with no help from Dundee City Council at all.”
A spokesman for Dundee City Council said all breaches were reviewed in April and grant applications have now closed.
He said: “Since the outset of the pandemic the council has distributed more than £58 million to Dundee businesses to help mitigate the impact of Covid-19, using funding provided by the Scottish Government and working to qualification criteria set by them.
“Premises that were found to have breached Cpvid-19 regulations were not eligible for funding except in exceptional circumstances where breaches were deemed to be ‘minor and/or inadvertent’.
“An appeals panel reviewed all such cases in April of this year and letters were sent to relevant grant applicants within weeks advising them of the outcome.”