Play safe over darts oche hazard

I have been asked for advice on a subject of considerable importance to the pub trade ­ darts.

As traditional a pub game as you can imagine, darts has, for many years, been a highly competitive sport too, with leagues up and down the country.

Pub teams who are members of such leagues have to abide by the rules to qualify.

But now we have a real quandary.

A recent rule change in one area has stipulated that a solid oche must be placed in the correct position, presumably to prevent players encroaching too close to the board and thus gaining an advantage.

The problem in our reader's pub is that the playing area is in the centre of the room, with the result that people can trip on the portable oche on their way to the bar or to the toilets.

There has already been one near-accident.

What should he do?

In my view, the safety of his customers and staff must come first.

There are issues under the Health & Safety at Work Act in placing an unexpected obstruction on the floor.

As with many pubs, this area is not specifically reserved for darts but is used by others, and therefore the licensee does owe a duty of care to people using it.

This should be recognised by the team in question, who are currently insisting on compliance, on pain of expulsion from the league.

They should recognise that pubs are a special kind of environment and that such a request could lead to the prosecution of the licensee or a substantial claim for damages.

It is not worth the risk.

Remember that the Health & Safety at Work does not just apply to employees but also to any other persons who are using the premises, including customers.

While the normal hazards of a country pub, such as chairs and tables, uneven stone floors and even low beams, may constitute a risk, the law would hold that the user ought to be aware of them and take precautions for his own safety.

But in the case of a heavy stone or metal object placed right in the middle of the floor, inspectors might conclude that the ordinary user would not reasonably expect such an obstruction to be there, and as a result, the occupier would be liable.

I think it'd be a shame if the team were thrown out of the league for taking care not to injure people.