Stonegate fined for health and safety breach following death of student

Pub company Stonegate has been fined £1.56m over the death of a 20-year-old student crushed by a barrier as she queued to enter a club.

 

Olivia Burt, a first-year university student studying natural sciences at Durham University, had been queueing outside Missoula Nightclub in Durham city centre on 7 February 2018 when the barrier fell on her, inflicting a fatal head injury.

 

A jury last week found the UK’s biggest pub company, which runs more than 4,000 sites under brands including Be at One and Slug & Lettuce, guilty of failing to ensure the health and safety of those attending the club.

 

The jury heard that the decorative fencing used as a barrier had not been suitable for crowd management.

 

Stonegate had denied four breaches of the Health and Safety Act. Three were dropped by the judge and the pub chain was found guilty on the remaining count of failing to ensure the safety of its customers, in a prosecution brought by Durham County Council.

 

The court had heard that about 30 minutes before Olivia was injured another section of the fencing had given way as students queued to enter after university sporting fixtures.

 

Judge Howard Crowson said that this should have demonstrated the risk. He added: "Everyone in that queue was exposed to the risk of serious harm. Most of Olivia's friends fell on her and at least one fell on the screen rather than under it."

 

Jamie Hill KC, prosecuting, told jurors: "We say this screen should not have been used as a crowd control barrier or for queue management. As the queue swelled, the press of people caused Olivia to fall through a panel in the screen and then a section of the screen fell with other customers and other students. Olivia’s head hit the concrete pavement and the metal bar of the screen with the weight of other customers landed on her head. She suffered an unsurvivable head injury."

 

He described her death as “senseless and avoidable”.

 

In a statement issued through their lawyer, Bindmans, Olivia's parents, Nigel and Paula Burt said: "Olivia was our only child and meant everything to us. It is incomprehensible to us how she could have died on a night out with friends whilst simply standing in a queue.

 

"Stonegate is the largest pub company in the UK. According to their annual report 2022, Stonegate doubled their revenue to £1.6b and their vision is ‘to raise the bar on the British pub by being the best for our guests, people and communities.' This did not happen at Missoula and led to the death of our wonderful daughter.

 

"Stonegate should never have used decorative fencing for crowd management. Stonegate knew the fencing was not safe after it nearly collapsed the previous year and collapsed just 30 minutes earlier on the night that Olivia died. Stonegate showed a complete dereliction of their duties and disregard for the safety of those attending, including Olivia."

 

They added: "Our lives will never be the same again – we are heartbroken."

 

Prashant Popat KC, in defence, expressed Stonegate's deepest apologies to Olivia's family.

 

As well as a fine of £1.6m, Stonegate was ordered to pay £225,775 in court costs.