Nightclub owner fined after employee breaks back in fall down lift shaft

The owners of a popular Birmingham nightclub have been fined £10,000 after an employee fell 13ft down a lift shaft and suffered a broken back.

Birmingham City Council brought the prosecution against The Nightingale (UK) – which is based at Wynner House, Bromsgrove Street, Birmingham, and which runs The Nightingale in Kent Street – following the incident on July 30 last year.

The company pleaded guilty to one offence under the Health and Safety at Work Act 1974 during the case, which was heard at Birmingham Magistrates Court.

The club owner was also ordered to pay court costs of £6,251.15 plus a £120 victim surcharge.

The court was told Health and Safety inspectors investigating the incident found the way staff used a disabled passenger lift to transport stock was flawed, and had not been subjected to safety audits.

They also found the company had failed to ensure the lift was maintained in a safe condition and employees had not been trained in what to do if the lift had a fault.

The court heard that the lift had been taken out of use two days prior to the incident because of a fault with the middle door release. The lift car was sent to the top floor of the club and the stop button deactivated.

On July 30, an employee used a screwdriver to operate the middle floor emergency door release so stock could be taken down in the lift.

During the fourth trip, the lift did not arrive at the landing and as another employee walked in carrying a storage frame they fell 13ft (4m) down the shaft sustaining serious injuries.

The company said that against its rules the lift had been used on occasions by staff before to take stock down. It accepted it did not do enough to prevent the use of the lift by electrically isolating it.

The nightclub owners co-operated with the subsequent investigation, instructing a contractor to maintain the lift and ensure its employees received adequate training.

Cllr Barbara Dring, chair of the city council’s Licensing and Public Protection Committee, said: “This case shows what can happen if a business fails to ensure that suitable systems and control measures are in place, particularly if failing to do so could result in serious or life changing injuries.

“Falls from height are well known to cause serious or fatal injuries. Officers will continue to take action where minimum standards of health and safety are not met or flouted.”