Austin Welch represented the company and principal director that operate one of the largest nightclubs in Bolton in a prosecution brought by the Health and Safety Executive. It was alleged that the defendants had breached section 3 of the Health and Safety at Work Act and the Control of Asbestos Regulations 2012. The HSE had suggested to the Court that this was a case involving ‘very high’ culpability on the part of the defendants and involving category 1 harm under the Sentencing Council Guideline for Health and Safety Offences. If such a categorisation had been accepted it would have resulted in a sentencing starting point of a £450,000 fine for the company and 18 months imprisonment for the individual director. Following a sentencing hearing that lasted a full day and which involved the calling of expert evidence on the issue of ‘likelihood of harm’ being caused, the court accepted that the culpability in this case fell within the ‘medium’ bracket and that the risk of harm fell within category 2. A total fine of £5,720 was imposed.
Austin was instructed by LHS Solicitors LLP in this case.