A popular pub in Rayleigh has admitted health and safety errors after a “horrendous” accident left a woman in an induced coma. Crafty Casks Taproom in Rayleigh has been issued with a £35,000 penalty after appearing at court over the incident.
The micropub was slapped with the fine after a member of the public suffered severe head injuries after falling from an unguarded Loading Bay platform onto a concrete parking bay in 2022. The individual required emergency surgery and was placed in an induced coma but has since made a strong recovery.
Chris Smith, 35, the micropub’s owner said he was pleased to hear of the person’s recovery. They added: “We had other risk assessments but fell short on this one. It was unfortunate and have been punished quite severely for it.”
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The incident was reported to Rochford District Council by the business and investigated. Upon inspection of the premises, a range of safety failings were identified, the council said, adding that both employees and the public faced considerable risks because of these shortcomings.
Despite safety precautions being added after the incident, the council pursued prosecution given the severity of the incident. The case was heard at Southend Magistrates’ Court on November 15, 2024, where Crafty Casks Pubs Limited pleaded guilty to two charges under the Health and Safety at Work etc. Act 1974 relating to public and employee safety.
The court heard that the council’s investigation found multiple safety issues, including the lack of a guard rail on the platform, poor lighting, slipping hazards from ice, and inadequate risk assessments for platform use and manual handling.
The business has since taken action to address the concerns raised and has put in place essential safety measures. These include installing permanent lighting, adding a safety gate and adding rubber matting that can’t be impacted by cold weather.
The Judge acknowledged the severity of the failings and initially imposed a fine of £40,000, however after considering the company’s guilty plea and financial position, the fine was reduced to £20,000. Crafty Casks Pubs Limited were also ordered to pay £13,000 in costs and a £2,000 victim surcharge, resulting in a total penalty of £35,000.
Cllr Lisa Newport, Chair of the Community, Wellbeing and Housing Committee at Rochford District Council, said: “This case highlights the importance of businesses taking their health and safety responsibilities seriously. The safety of employees and the public should always come first.
“While we are pleased that the business has since made improvements, this prosecution sends a strong message: failures that put people at risk will not be tolerated. Rochford District Council remains dedicated to enforcing health and safety regulations to keep residents and visitors safe.”
Mr Smith, owner of the micropub, said: “It was a horrific accident and on the evening [it happened] I got the call I rushed up there. Within a few days I had a gate built across there, I had risk assessments and health and safety training.
“The reason my staff weren’t trained for manual handling is because they never do that – I do that. It’s one of those that I have to take on the chin as we did not have a risk assessment for either but the pub was running for three years without incident.
“It was a freak accident of someone drinking, nudging an open door and slipping. If they just fell into the door they would have ended up on their bum. It was a freak accident of events. I rushed up there straight away”
He added: “We had a floodlight for us and the café next door which was shared but I think it was broken. We’ve put in permanent lighting that’s 24-7 now. As soon as it happened it was a wake-up that we didn’t see it as a risk but we now look into everything and have spent a lot of money getting everything 100% okay.
“We have rubber matting that can’t ice up now. We’ve done quite a lot to make sure it never happens again as it was horrendous for everyone. We do care about our customers. We had a full fire alarm system and exit put in as most people used to just leave through the front door. We had other risk assessments but fell short on this one. It was unfortunate and we have been punished quite severely for it.”