A BUSINESSMAN who made a £450 profit from opening on a Sunday is now £3,450 out of pocket after being prosecuted under Sunday trading laws.

Colin Pharaoh, owner of Bay Tree Garden Centre, in Stisted, has accused Braintree Council of persecuting him by taking the legal action.

He was ordered to pay a £2,500 fine, £15 victim surcharge and £935 towards legal costs, at Chelmsford Magistrates’ Court, for opening the centre on Easter Sunday this year.

Mr Pharaoh fears the garden centre could be forced to shut because he does not have the money to pay it.

He said: “I am absolutely sure they have singled us out in order to teach us a lesson, for whatever reason.

“I believe Braintree Council is persecuting us.”

In the past, the council has refused planning applications for a miniature railway, picnic area, children’s play area and deer park.

Mr Pharaoh claimed he had offered his profit from opening on Easter Sunday to the council before it took legal action. He also said council staff had advised him he could open that day.

Mr Pharaoh said: “The whole thing was a misunderstanding.”

Wendy Schmitt, councillor responsible for enforcement, said: “The Sunday Trading Act 1994 only permits small retail premises for opening on Easter Sunday and Baytree Farm had been advised of this in 2008.

“Initially, Mr Pharaoh denied staff had even visited his premises in 2008, but in court he remembered and said he had misinterpreted their advice.

“Mr Pharaoh had not asked for permission to open, nor had he contacted the council.

“His premises was previously visited in 2008 and advice was given on Sunday trading on Easter Sunday.

“Mr Pharaoh has not made an offer of his profits for the day and, in fact, he told council officers he had made a loss.”