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Gym in Southampton which 'defied orders to close during second nationwide lockdown is STILL open as up to 60 customers arrive to work out' despite city entering Tier 4 (but they insist they are 'decorators')

A Southampton gym which was taken to court for failing to close during the second lockdown still appears to be open days after the region entered Tier 4.

Spartans Gym was hauled before court in November charged with two counts of failing to comply with reasonable instruction given by a relevant person. 

But on Monday, as many as 60 people were seen heading in and out of the family-run gym despite Southampton entering the highest Covid tier on Boxing Day.

Spartans Gym, which was taken to court for failing to close during the second lockdown appears to still be open days after the region entered Tier 4

Spartans Gym, which was taken to court for failing to close during the second lockdown appears to still be open days after the region entered Tier 4

Spartans Gym was hauled before court in November charged with two counts of failing to comply with reasonable instruction given by a relevant person

Spartans Gym was hauled before court in November charged with two counts of failing to comply with reasonable instruction given by a relevant person

On Monday, as many as 60 people were seen heading in and out of the family-run gym despite Southampton entering the highest Covid tier on Boxing Day

On Monday, as many as 60 people were seen heading in and out of the family-run gym despite Southampton entering the highest Covid tier on Boxing Day

One muscled guest was seen wearing a Spartans Gym hoodie and carrying a gym bag as he headed into the exercise centre

One guest patron was seen wearing a Spartans Gym hoodie and carrying a gym bag as he furtively headed into the exercise centre

Tier 4 requires all gyms and sports facilities to close but it appeared many were not obeying the harsh new rules. 

The 24-hour gym remained open as dozens were spotted heading in for a workout. 

The muscled guests were seen wearing Spartans Gym branded sportswear and carrying gym bags as they furtively headed into the exercise centre.

The gym denied it was open to MailOnline and claimed those heading in were painters and decorators.  

Tier 4 requires all gyms and sports facilities to close but it appeared many were not obeying the harsh new rules

Tier 4 requires all gyms and sports facilities to close but it appeared many were not obeying the harsh new rules

The 24-hour gym remained open as dozens of members were spotted heading in for a workout

The 24-hour gym remained open as dozens of members were spotted heading in for a workout

The gym and owner now face fines in the thousands for flouting the government restrictionsThe gym and owner now face fines in the thousands for flouting the government restrictions

The gym and owner now face fines in the thousands for flouting the government restrictions

Members were previously seen heading into the gym in the second lockdown even after it had been brought to court. 

The gym and owner now face fines in the thousands for flouting the government restrictions. 

Spartans Gym and its 'boss' Josh Gosling appeared at Southampton Magistrates Court on November 13. 

Appearing at court charged with breaking coronavirus legislation, Gosling denied being the gym owner claiming he was simply a passionate member.   

Spartans Gym was first brought to the authorities attention on the morning of November 5 following reports the gym was not observing the legislation during the second lockdown.

Spartans Gym was first brought to the authorities attention on the morning of November 5 following reports the gym was not observing Covid legislation

Spartans Gym was first brought to the authorities attention on the morning of November 5 following reports the gym was not observing Covid legislation

Spartans Gym faces charges although it is not clear who actually owns the business

Spartans Gym faces charges although it is not clear who actually owns the business

The hearing for Gosling, and Spartans Gym, was adjourned until January 27 when a full trial will take place

The hearing for Gosling, and Spartans Gym, was adjourned until January 27 when a full trial will take place

Officers handed over documents and warned a man they believed to be the manager that he would be taken to court if he continued to flout the rules. 

Appearing in court, Gosling, who represented himself, pleaded not guilty to two counts of failing to comply with reasonable instruction given by a relevant person, claiming he had no authority to decide if the gym remained open.   

Spartans Gym faces the same charges although it was not clear who actually owns the business, with Gosling saying it is now owned by a man called 'Dean'.

Gym 'boss' Josh Gosling (pictured) appeared at Southampton Crown Court on November 13 charged with breaking coronavirus legislation - but claimed he was simply a passionate gym member

Gym 'boss' Josh Gosling appeared at Southampton Crown Court on November 13 charged with breaking coronavirus legislation - but claimed he was simply a passionate gym member

The 28-year-old told the judge: 'First of all I don't know why I'm here.  

'I am not a manager. I have no standing. I am just a passionate member of the gym. I care about it.'

When asked why police officers and staff at Southampton City Council thought he was the manager, Gosling said he had simply been at the gym when they turned up.

Police were first called to Spartans Gym in Southampton, Hants., (pictured) at 10.20am on November 5 following reports the gym was not observing the legislation

Police were first called to Spartans Gym in Southampton, Hants., at 10.20am on November 5 following reports the gym was not observing the legislation

He continued: 'I stood and spoke about my thoughts about what should happen with gyms in the UK.

'I am not the owner of the gym...I don't believe that what the government has done is correct.'

The hearing for Gosling, and Spartans Gym, was adjourned until January 27 when a full trial will take place.

Spartans Gym told MailOnline: 'We are closed but doing a lot of maintenance and also trying paint, taking advantage of being closed... people coming and going will be working.'

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