Enterprise fined £300K over licensee's death

Enterprise Inns has been fined £300,000 after a court heard how a Liverpool landlord was killed by a faulty gas fire.

Paul Lee, 41, suffered a heart attack caused by lack of oxygen after he fell asleep in a room heated by the fire at the Aintree Hotel, Liverpool.

Liverpool Crown Court heard that Lee was found unconscious by a cleaner and died at Aintree University Hospital in November 2007.

Enterprise Inns admitted breaching Section 3(1) of the Health and Safety at Work Act 1974.

According to Click Liverpool​ Judge Nigel Gilmour QC, presiding over the case said the pub chain were guilty of serious "managerial failures" by failing to recognise the hazard to the pub tenant.

Mr Gilmour said: "This was not an isolated incident and shows a failure to heed written warnings about gas safety.

"It is a breach of duty not to check gas appliances and although it has now been rectified, it is a pity it took a death to achieve this."

Tragedy​

In a 90 minute hearing, the court was told the gas heater which caused Mr Lee's death had not been checked before he took over the tenancy.

An investigation by the Health and Safety Executive (HSE) found that the fire had not been serviced since 1979 and the flu was completely blocked.

Enterprise Inns chief executive Ted Tuppen said Mr Lee's tragic death was "desperately sad" and promised drastic measures would be carried out to ensure it doesn't happen again.

Tuppen said: "Nothing can change this tragic situation.

"The first thing I can do is apologise to friends and family for such a desperately sad accident.

"We have pleaded guilty at the first possible moment and can assure this will not happen again."

Iain Evans, investigating inspector at HSE, added: "It is shocking that a major pub chain failed to ensure regular safety checks were carried out at more than 400 of its properties.

"As a result, one man has been killed and hundreds of other lives have been put at risk."

Sincere apologies​

Enterprise has been ordered to pay a £300,000 fine in addition to court costs and issued the following statement after the hearing: "We would again like to express our sincere apologies to the family and friends of Mr. Lee for his tragic death. There were a number of factors which contributed to this incident; both in systems, processes and human failings.

"Since 2007, working closely with the HSE, Enterprise has done everything possible to ensure nothing like this can ever happen again."

Anger​

Sharon Lee, Paul Lee's sister said: "Since Paul's death nearly three years ago, there is still anger and disbelief amongst his family and friends that it was entirely preventable.

"Paul's death will very possibly save the lives of others in the future, but it should not have taken the loss of his life to highlight the wider failings of Enterprise Inns.

"We are fully aware that Enterprise Inns is now compliant with gas safety legislation, but companies must not put other people's lives at risk by allowing similar lapses to occur in the future."