Horror moment student, 20, crushed to death by a one ton fence in nightclub queue as UK’s biggest pub chain fined £1.5m
THE UK's biggest pub chain has been fined over £1.5million after a student, 20, was crushed to death while waiting in a nightclub queue.
Horrific CCTV footage revealed the moment Olivia Burt suffered fatal head injuries after decorative fencing fell outside the Missoula bar, in Durham city centre on February 7, 2018.
Images showed Olivia being pushed to the floor, and her head trapped underneath the metal bar of the screen, as other students fell on top.
The young student, from Milford On Sea, Hampshire, was in her first year at Durham University studying natural sciences at the time of the tragedy.
Now, the company Stonegate has been convicted of one count of failing to ensure the safety of its customers, which resulted in Olivia's "senseless" death.
The pub chain, which operates over 4,500 venues, had denied four counts of Health and Safety Act breaches but was found guilty of one, in a prosecution brought by Durham County Council.
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Teesside Crown Court heard the Missoula bar had been crowded on the tragic night - and just 30 minutes before horror ensued, a screen had already fallen down.
A jury was told how several employees had tried to put the section back up, despite two panels having detached.
Prosecutor, Jamie Hill KC, said in his opening that Olivia's death was "foreseeable, predictable and preventable."
"We say this screen should not have been used as a crowd control barrier or for queue management," Mr Hill told jurors.
He described the shocking event when "the queue swelled" and people pushing "caused Olivia to fall through a panel in the screen", the court heard.
"Olivia’s head hit the concrete pavement and the metal bar of the screen with the weight of other customers landed on her head", he continued.
Olivia then tragically suffered an "unsurvivable"; head injury.
The prosecutor told jurors the 20-year-old's death was "senseless and avoidable".
He added: "All she was doing was standing with her friends, waiting to get in to a club which had targeted the student population as a way of filling their venue on Wednesday nights."
Defence barrister, Prashant Popat KC, delivered apologies on behalf of Stonegate.
Olivia's devastated parents, Paula and Nigel, delivered a heartbreaking victim impact statement.
Olivia’s head hit the concrete pavement and the metal bar of the screen with the weight of other customers landed on her head."
Prosecutor, Jamie Hill KC
Paula, who appeared in court via video-link, said: "Olivia was and still is the most important person in my life. Olivia was everything I ever wanted and hoped for in a child.
"She was simply on a night out with friends and should not have come to any harm.
"I feel like I'm continuously trying to crawl out of a pit and fall to the bottom again. I'm living a never-ending nightmare.
"Thank you for choosing me to be your mum.
"I am and always will be immensely proud of you. You can rest easy now Liv."
'INCOMPREHENSIBLE TRAGEDY'
Judge Howard Crowson ruled the initial collapse of another screen should have alerted staff to the potential danger.
"Once the screen had fallen there was obviously a risk it would do so again", he said
"In this case, in my view, the breach led to the death of Olivia Burt."
Judge Crowson also stated the decorative fencing was not designed for crowd control - and denied the defence's argument that the screens were not in themselves dangerous.
The judge said: "The tragedy is the customers could have been dispersed as Mr Allen the defence expert accepted.
"The surge caused Olivia to be pushed through the panel. Olivia sustained terrible injuries and died.
I feel like I'm continuously trying to crawl out of a pit and fall to the bottom again. I'm living a never-ending nightmare."
Paula Burt
"There is nothing I can say of comfort but everyone who gave evidence spoke of Olivia in glowing terms."
The judge added: "Everyone in that queue was exposed to the risk of serious harm.
"Most of Olivia's friends fell on her and at least one fell on the screen rather than under it."
The Judge ordered Stonegate be fined £1,560,000 and they were also ordered to pay £225,775 in court costs.
As he delivered the verdict, he reminded the court of Ms Burt's family, and the suffering caused by this "incomprehensible tragedy".
"The sentence does not attempt to measure the worth of Olivia's life. Olivia's life is, of course, priceless", he closed.
Olivia's parents said outside the court: "Olivia was our only child and meant everything to us.
"It is incomprehensible to us how she could have died on a night out with friends whilst simply standing in a queue.
"Stonegate is the largest pub company in the UK.
"According to their annual report 2022, Stonegate doubled their revenue to £1.6 billion and their vision is 'to raise the bar on the British pub by being the best for our guests, people and communities."
Everyone in that queue was exposed to the risk of serious harm."
Judge Crowson
They added: "This did not happen at Missoula and led to the death of our wonderful daughter."
The grieving parents emphasised the fatal use of decorative fencing as "crowd management" and said the Stonegate "knew the fencing was not safe".
This tragedy reflected a "complete dereliction of their duties and disregard for safety", continued Paula and Nigel.
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"Olivia was at the start of her adult life in her first year at university and had so much to look forward to; this was taken away from her in the cruellest possible way", the pair added.
"Our lives will never be the same again - we are heartbroken."