Birmingham club Oceana fined £85,000 after customer died in car park
“The safety of our customers is paramount and since Mr Clarke’s death we have undertaken a far-reaching review of security, safety and training policies across the organisation,” a spokesman said. “We acknowledge that on the night of the incident agreed procedures relating to the safe removal of customers from the premises were not followed.”
Luminar Oceana Ltd pleaded guilty to breaching health and safety legislation and was fined £85,000 and ordered to pay £32,803 costs.
Barry Berlin, prosecuting, told the court how Mr Clarke, of Stanton Road, Shirley, had gone to the club with friends in February 2007. At 12.30am, he was asked to leave because he had ignored the security staff’s requests not to take his glass bottle on to the dance floor.
He was escorted out via a fire exit which led into a car park enclosed on all sides with an automatic powered gate which he could not open. Mr Berlin said: “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.”
Judge Christopher Plunkett, said: “Christopher was disorientated and somewhat shocked by the change in temperature. He was left to his own devices to find his way out and climbed some stairs and tried to edge his way along the wall to some mesh, but he fell and died and a young life was tragically ended.”
Jonathan Salmon, mitigating, said the club had not carried out a risk assessment on what happened to customers thrown out via the car park exit and also had not implemented a training programme for staff on how to eject customers safely. When doorman Wayne McCloud ejected Christopher the car park gates were open but he was unaware that they closed automatically after 90 seconds.
Judge Plunkett told Christopher’s parents, who were in court: “This fine is not an attempt to put a value on your son’s life, it is designed to reflect the failings of the company.”
