Heath and Safety Prosecution

10 May
2023

There is an old adage get the basics right and a case reported this week confirms this position. Tamworth Borough Council have successfully prosecuted a pub landlord for health and safety breaches arising out of an incident whereby a customer fell down the cellar stairs.

Evidence brought by the council illustrated that the premise had not undertaken a risk assessment as to the danger of the cellar head and in its day-to-day operation had exposed customers and employees to the risk of falling through an un-locked, un-marked door down to the cellar. Additionally, there was a lack of staff training on health and safety.

Despite pleading guilty and undertaking training and appropriate repairs to the cellar door the operator was ordered by Magistrates to pay a fine of £384 and costs of £1733.41.

The prosecuting officer stated:

“In this case, we made the decision to prosecute as the failure in basic health and safety regulations led to a serious incident.”

“We’d encourage all businesses to take the time to make sure their premises are safe, to thoroughly review health and safety training for staff and review all risk assessments. We will not hesitate to take action where people are at risk."

Law correct at the date of publication.
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