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Leeds bar prosecuted for serious breach of health and safety (13 January 2016)

Date: 13/01/2016
Duncan Lewis, Crime Solicitors, Leeds bar prosecuted for serious breach of health and safety

The owners of a bar in central Leeds have been prosecuted for serious failings in health and safety.

TNC Music and Bars Ltd runs the Leeds city centre bar New Conservatory on Albion Place.

On 19 July 2014, David Caminal visited the New Conservatory, where he was served and drank beer line cleaner instead of ale.

Prior to the incident, staff had started the process of cleaning a line, as one of the beers had run out. Normally coloured line cleaner was ordered and used by staff, but clear cleaner had been delivered instead.

To indicate that the beer was off, the sign on the pump had been turned round.

A new member of staff was advised to clean and tidy the bar area. However, information was not relayed to this person or other staff present that the particular line was off and being cleaned.

The new member of staff was also not advised that it was normal practice for staff to turn the pump sign round to indicate to customers and staff that a particular drink was not available and the sign was turned back round.

When Mr Caminal and a colleague ordered a sample, a member of staff poured what they thought was pale ale. Due to yeast deposits in the line, the clear cleaner turns a straw colour and looked similar in colour to the beer taster ordered.

Mr Caminal ingested the beer line cleaner and immediately reacted to the substance and emergency services were called.

Following a thorough investigation with West Yorkshire Police, environmental health officers felt there was sufficient evidence to prosecute TNC Music and Bars Ltd and director Nicholas Bird under the Health and Safety at Work etc Act 1974.

On Thursday 7 January at Leeds Magistrates’ Court, TNC Music and Bars Ltd was fined £5,000 and ordered to pay a £120 victim surcharge, after pleading guilty.

Company director Nicholas Bird also pleaded guilty and was fined £20,000 and ordered to pay a £120 victim surcharge.

Total costs of £17,859 will be split equally between the company and its director.

Leeds City Council Executive Member for environmental protection and community safety, Councillor Mark Dobson, said:

“What started out as a day off sightseeing in Leeds ended in tragedy for Mr Caminal.

“When taken on their own, the events that led to this incident seem minor –
but the knock-on effects had a catastrophic outcome, leaving us in no doubt that we had to prosecute.

“While some might dismiss health and safety as bureaucratic red tape, it is there to protect us all.

“It’s my sincere hope that this case shows just how important it is that businesses remain vigilant, follow the correct procedures and ensure their staff are fully informed. It should also demonstrate just how seriously we take health and safety at work.

“We appreciate that this incident has been life changing for Mr Caminal –
and we’d like to wish him and his family the very best for the future.”

The investigation was carried out by Leeds City Council’s environmental health officers who are responsible for enforcing health and safety law at around 18,000 businesses premises in Leeds.

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise at any stage of a public protection offence, including investigations into selling defective goods, illegal alcohol and tobacco products, weights and measures offences, counterfeit goods and mislabelling offences – and breaches of food hygiene laws or health and safety legislation.

There are Duncan Lewis offices nationwide and a Duncan Lewis criminal solicitor can attend interviews with investigating authorities such as the Environment Agency, local authority environmental officers, Trading Standards, HMRC, Border Force or the police.

For expert legal advice on public protection offences and health and safety breaches, call Duncan Lewis criminal solicitors on 0333 772 0409.

For 24/7 help at a police station, call the Duncan Lewis 24-Hour Emergency Helpline on 0333 772 0607.


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