Breach of Health and Safety by North East Company

The prosecution relates to an accident involving a six year old boy falling through a gap in a staircase and sustaining serious head injuries at the Lounge Bar, Neville Street Newcastle.

Ladhar Leisure LLP, owner of the Lounge Bar, Neville Street, pleaded guilty to the charge at Newcastle Magistrates Court on Tuesday 11 January but the Magistrates referred the case to the Crown Court for sentencing because of the seriousness of the injuries involved in this case. The incident occurred in April 2010 when a six year old boy, now seven, visited the Lounge bar on Neville Street with his parents.

The boy slipped through a damaged side rail on the staircase and fell approximately two meters landing on a ceramic tiled floor below. He sustained a fractured skull and was treated at Newcastle General Hospital. Ladhar Leisure LLP have had proceedings taken against them under section 3 (1) of The Health and Safety at Work Act 1974 and regulation 3 (1)(b) the Management of Health and Safety at Work Regulations for:

(1) for their failure to provide a suitable and sufficient safe side guard to the staircase on which the boy fell and
(2) for their failure to provide suitable and sufficient risk assessments for their premises.
Ladhar Leisure LLP was fined £10,000 for the two breaches and costs of £4,000 were awarded against the company.

Cllr Anita Lower, Newcastle City Council’s Executive Member for Neighbourhoods and Public Protection, said: “This prosecution sends out a strong message that Public Safety is something that cannot be compromised.”

Stephen Savage the Director of Public Health and Regulatory Services said: “The investigation was detailed and complex requiring considerable expertise upon which the staff are complimented.”

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