Pubs have been warned of their responsibilities to ensure customer safety after the incident involving Alan Brown, 46, who died following the fall at Bert’s Bar, 29-31 William Street in Edinburgh.
Brown died of his injuries after falling through an unlocked gate within railings at the pub from the pavement into an external basement.
Maclay Inns Ltd pled guilty to one charge under the Health and Safety at Work Act 1974 at Edinburgh Sheriff Court on Thursday (3 March).
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.
“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.
“The City of Edinburgh Council would like to extend their deepest sympathies to Mr Brown’s family.”
An investigation by City of Edinburgh Council Environmental Health officers discovered that Maclay Inns Ltd had failed to ensure that:
- when it was not in use the gate was not securely closed either with a padlock or similar device ;
- 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
- 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.