Olivia Burt: Pub firm cleared on three charges after student's death

Olivia Burt was in her first year reading natural sciences at Durham University

A company on trial over the death of a student in a nightclub queue has been cleared on three of four charges.

Stonegate Pub Company ran the Missoula venue in Durham where 20-year-old Olivia Burt was killed when a barrier collapsed on her in February 2018.

The jury was directed to return not guilty verdicts relating to the Health and Safety at Work Act.

It must now decide on a count alleging Stonegate had failed to ensure customer safety on the night Miss Burt died.

At Teesside Crown Court, Judge Howard Crowson told the jury it should not continue to deliberate over three charges relating to the health and safety of customers in the year before Miss Burt's death, failing to ensure the suitability of work equipment and failing to assess risks.

Following that instruction, the court heart from crowd control expert Steve Allen, who was called by the defence.

Door staff 'at fault'

Mr Allen, who has worked on major concerts for bands including Oasis, Blur and Pulp, claimed there were crowd management failings by door staff employed by Phoenix Security, the contractor brought into the venue.

He said the club would not have overridden decisions "experts" from Phoenix took on managing queues.

"The club have got ultimate responsibility for safety, but they have got a competent contractor [Phoenix] and if they assure them everything is under control they would listen to them," the jury heard.

Olivia Burt was a member of the University of Durham sailing team

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.

Mr Allen said although the screen had fallen over once prior to the fatal incident that night, the hazard was not the barrier by itself.

He said the "reasonable steps would be for Phoenix door supervisors to direct the crowds away from the screen and notify Missoula management and apply appropriate risk mitigation management".

Mr Allen said three door staff at a back door could have been redeployed to the queue and help could have been sent for, including from the police, as crowds built.

The trial previously heard Miss Burt, a Durham University student from Milford on Sea, Hampshire, fell through a panel in the barrier and a metal bar then fell on to her head as the structure gave way under the weight of people.

The prosecution claims the barrier had been used for crowd control, for which it was not intended, and says Stonegate holds ultimate responsibility for the tragedy.

The trial continues.