Brewer Samuel Smith prosecuted over safety

Yorkshire brewer Samuel Smith has been prosecuted by Westminster Council for failing to effectively manage asbestos at the Duke of Argyll in Soho, London.

The company, which owns approximately 200 pubs, was found guilty under the health and safety at work regulations at Horseferry Road Magistrates Court, London, on September 5.

After the court case, Westminster Council explained it received an anonymous telephone call in November 1999 from a pub customer who alleged that asbestos was being removed in an "unsafe manner".

Investigations by the council found that asbestos fibres were being released into the air by contractors who were working on a lift shaft in the pub.

They also discovered that the owners of the pub had known about the asbestos before the work had started.

Samuel Smith (Southern) was fined £18,000 for failing to protect the health and safety of its staff and a further £18,000 for a similar duty in respect of its customers and contractors. It was also fined £4,500 for failing to make sure an assessment of the risks of the building work was carried out before it began. The company was ordered to pay the council's costs of £9,803.

Councillor Judith Warner, a member of Westminster's environment and leisure committee, said: "This incident could have been avoided if Samuel Smith had conducted a risk assessment prior to the works commencing.

"By taking this case to court we are sending a stern warning to all business owners that serious penalties will result if public safety is jeopardised."

A spokesman for Samuel Smith declined to comment.