On the 01 May at Bodmin Magistrates Court, Martin McColls Ltd, a national chain of newsagent/confectioners operating over twelve hundred stores across the country, pleaded guilty to twelve serious health and safety offences and was fined £25,000.

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The company was also ordered to pay £14,299 towards Cornwall Council’s legal costs.

This case concerned twelve offences which were discovered by Cornwall Council Public Health & Protection officers during inspections of Martin McColls stores in Wadebridge and Torpoint.

The offences include a failure by the company to fulfill its obligations under the law in its duty of care to both members of the public and its employees. Specifically the company admitted failures in

  • its asbestos management systems;
  • electrical safety with water running down through the electrical system;
  • ensuring the welfare of staff, with water causing slip and trip hazards and potentially causing the ceilings to collapse on employees;
  • maintaining the staff toilets which were of a poor decorative standard with significant mould growth witnessed by Cornwall Council’s inspectors.

The public were also put at risk with tripping hazards created by matting at the entrance to one of the stores.

In summary the court heard that the company has put the safety of both the public and its own staff at risk due to breaches of health and safety law.

In mitigation Martin McColls Ltd said that they had undertaken a full review of their health and safety systems and had established improved staff training and improved procedures for dealing with structural faults within their branch stores. The company also pointed out that although they recognised that mistakes had been made, no one had actually been injured or been made ill.

Lance Kennedy, Cornwall Council portfolio holder for Community Safety and Protection said: “The fines awarded by the magistrates reflect the seriousness of this case.  We do try to work with businesses, but we will not hesitate to take formal action through the courts if they ignore our advice and fail to take the appropriate steps to protect the safety of their workers or members of the public. The safety of the community in all aspects remains one of my highest priorities.”