Oceana nightclub in Birmingham broke safety rules over reveller’s fatal fall
“Mr Clarke asked to go back into the club to use the loo, but the doorman said he couldn’t and pointed to a corner and told him to find his way out that way. He was locked in an enclosed area in the early hours of the morning on a cold February night in a short-sleeved shirt. He was effectively imprisoned.”
A member of the public found his body at 3am.
The court heard Luminar had breached health and safety legislation by not carrying out a proper risk assessment on the car park, which should have been identified as a significant risk because the gates were electronic and could be opened only centrally.
Jonathan Salmon, defending, said it had been the club manager’s responsibility to carry out the risk assessment but this had not been done.
The bouncer thought the gates were open and did not know they closed automatically after a minute and a half, trapping Mr Clarke inside.
“Just because he was in the car park it did not place him at an immediate risk. He did not know he was going to climb the stairs,” Mr Salmon said.
Sentencing was adjourned until Tuesday.
