Firm cleared of three charges over student's death outside nightclub

A pub company which is on trial for alleged breaches of health and safety regulations following the death of a student has been cleared on three of the four charges it was facing.

Olivia Burt died waiting to enter the venue in 2018 when a decorative screen collapsed.

The Stonegate Pub Company Limited, which owns the former Missoula nightclub in Durham, had been facing four charges in connection with her death. It has been cleared of three of the charges but the trial at Teesside Crown Court continues as the company faces another health and safety charge, which it denies.

Last week (4 July), the judge directed the jury to find The Stonegate Pub Company Ltd not guilty on three counts.

Those charges related to alleged failures to:

• Assess the stability of equipment.

• Assess health and safety risks for non-employees.

• Ensure health and safety for non-employees before the incident in question.

It now faces one charge of breaching health and safety rules on the night of Olivia Burt's death on 7 October 2018.

That is when the first year Durham University student - originally from Hampshire - died from head injuries when a decorative screen collapsed while she was waiting to go inside.

The court had previously been told that as the crowd swelled, with the club nearing capacity, a barrier fell over leading to Miss Burt sustaining an “unsurvivable” head injury.

The jury heard from safety and crowd management expert Steve Allen, who said the club was busy that night. When questioned by the defence about that collapse, he told the court: “The screen is not a hazard on its own. The hazard is the formation of an un-organised crowd which applies pressure.”

He said, in his view, third party door staff - hired by the venue - had not put enough focus on directing people away from the screen as they waited to go inside.

Though he did note later, under prosecution questioning, that the owner has ultimately responsible for safety.

The Stonegate Pub Company denies breaching health and safety regulations. The trial continues.