Colchester nightclub owners slapped with £10,000 fine for health and safety breach

The owner of two Colchester nightclubs has been ordered to pay £10,000 after failing to protect staff from excessive noise levels.

Elysium Leisure Ltd had pleaded guilty to two counts of failing to comply with a health and safety notice regarding noise control, and was sentenced at Chelmsford Crown Court on Thursday.

The firm was contacted in May 2014 by Environmental Health as part of a wide-ranging drive to educate pubs and clubs on the dangers of excessive noise.

The court heard that officers visited the Qube nightclub in Crouch Street to discuss the issue where it emerged that Elysium Leisure Ltd had failed to make a sufficient assessment of employees’ exposure to noise at work permitted by the Control of Noise and Work Regulations 2005.

The court heard that despite several attempts, the company was advised to seek help surrounding the legal duties of the assessment because it did not have sufficient knowledge.

In January 2015, the company was issued with a further improvement notice for Qube having still not come up with the appropriate assessment, as well as a separate notice for Hudson – a bar in Head Street which had been opened by Elysium in November 2014.

Further efforts by Colchester Borough Council to give the firm an extension to deal with the issue were not heeded, with the firm only hiring a qualified contractor in November 2015.

Elysium pleaded guilty to the charges, and was handed a £4,000 fine, alongside £6,500 costs and a £120 victim surcharge.

Tina Bourne, portfolio holder for housing and public protection, at Colchester Borough Council which prosecuted, said: “Colchester Borough Council takes health and safety issues extremely seriously and always tries to work with businesses, not against them, when undertaking its statutory duties.

“Our officers showed a great deal of patience with Elysium Leisure Ltd, to ensure it could meet its legal obligations to protect staff from the harmful effects of excessive noise, but unfortunately their efforts were disregarded, leaving no choice but to bring this prosecution.

“I hope this case serves as a reminder to others that we take a dim view of any business that fails to put safety first and whose actions, or inaction, may lead to injury.”

Source: East Anglian Daily Times

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