Company fined following fatal accident

Maclay Inns has been fined £100,000 after pleading guilty to a breach of health and safety rules which resulted in a fatal accident.

Maclay Inns Ltd, formerly of Alloa, pled guilty to one charge under the Health and Safety at Work Act 1974 at Edinburgh Sherriff Court yesterday.

The charge related to an accident on April 4th 2014 when a member of the public fell  through an unlocked gate within railings from a pavement into an external basement at Bert’s Bar in William Street. The man, Alan Brown, died as a result of his injuries.

An investigation by City of Edinburgh Council Environmental Health Officers discovered that Maclay Inns Ltd had failed to ensure that:

(i) when it was not in use the gate was not securely closed either with a padlock or similar device;
(ii) staff at Bert’s Bar were either aware or understood the importance securing the gate in the closed position when it was not in use; and
(iii) the importance of using a padlock or similar device to secure the gate in the closed position when it was not in use was emphasised when staff, particularly managers, at Bert’s Bar changed.

Councillor Lesley Hinds, Environment Convener for the City of Edinburgh Council said: “Sadly, Mr Brown died as a result of these failures by Maclay Inns Ltd. The City of Edinburgh Council would like to extend their deepest sympathies to Mr Brown’s family.

“This tragic incident highlights the fact that businesses must take action to protect employees and members of the public and ensure that safe working practices are followed at all times.”