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Cotswold District Council has successfully prosecuted a café bar in Cirencester after a customer was injured by falling masonry.
Cheltenham Magistrates’ Court heard that on Monday 11 January 2010 a woman and her husband were leaving Mackenzies Café Bar in Castle Street when she was struck on the head by falling masonry. She was aware of a “horrendous thud” and she was thrown forward.
Susan Gargett, Prosecuting Solicitor for Cotswold District Council, told the Court – convening on 4th July 2011 – that the company knew it had a problem with masonry, and that large pieces had fallen from the front of the building on the Friday before the incident happened. Whilst an employee had made attempts to cordon off the danger zone on that day, the barriers put in place had subsequently been removed, indicating that the company had failed to take reasonable steps to protect the public. Following the accident on 11 January 2010 the café owner, Best Bar None Ltd, arranged for scaffolding to be erected and the remedial work was carried out.
Best Bar None Ltd pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc Act 1974 because it failed to maintain the building; the company was fined £13,000 and ordered to pay £500 in costs.
Kate Bishop, Head of Public Protection at the Council, said: “This was a serious accident which could have resulted in a fatality. The injured party is continuing to have treatment for this injury 18 months after the incident. The accident was foreseeable and Best Bar None Ltd failed to act to make the building safe – it is the employer’s responsibility to take reasonable steps to ensure that members of the public are not injured.”
She continued: “This is a telling reminder that buildings must be maintained properly. The severe frost over the last few winters may well have caused damage to masonry and rendering, particularly in the case of older buildings.
“I would urge property owners to assess the exterior of their buildings so they can ensure this sort of accident does not happen again. Whilst many employers deal very well with managing health and safety within their premises, the condition of the exterior of the building can sometimes be forgotten.”
