Olivia Burt death: Durham club owners broke the law, jury finds

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Olivia BurtImage source, Family handout
Image caption,

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

The owners of a nightclub have been found guilty of breaking safety laws over the death of a student who was crushed as she queued to get in.

Olivia Burt, 20, suffered head injuries when a decorative barrier fell on her at Missoula in Durham in February 2018.

The UK's biggest pub chain, Stonegate, now faces a fine for its breach of health and safety legislation.

Teesside Crown Court had heard the first-year student's death was "senseless and avoidable".

Crowds had gathered outside the venue on a Wednesday evening as students waited to enter, jurors were told.

Image source, PA Media
Image caption,

Forensic teams were seen outside Missoula club in February 2018

Jamie Hill KC, summarising the prosecution case brought by Durham County Council, said security staff could have moved the crowd away and told them there would be a delay in getting in but instead "they just queued them up and let the numbers swell".

The screen which fatally injured Miss Burt, from Milford on Sea, Hampshire, had first fallen shortly after 23:15 BST and was lifted back into place, the court heard.

Half an hour later some students were leaning against the barrier when Miss Burt fell through a panel, then a section of the screen gave way and people toppled over it.

Her head hit the pavement and "the metal bar of the screen with the weight of other customers landed on her head", the trial heard.

Image source, Durham County Council
Image caption,

Olivia Burt was a keen sailor and member of the University of Durham team

In a statement released following the verdict, her parents, Nigel and Paula Burt, said her life had been taken away "in the cruellest possible way".

"Olivia was our only child and meant everything to us. It is incomprehensible to us how she could have died on a night out with friends whilst simply standing in a queue," they said.

"Stonegate should never have used decorative fencing for crowd management. Stonegate knew the fencing was not safe [and] showed a complete dereliction of their duties and disregard for the safety of those attending, including Olivia.

"Our heartbreak and pain have been prolonged by Stonegate pleading not guilty and fighting the case to trial.

"No punishment will bring Olivia back, but we ask the court to impose the maximum sentence in recognition of the fact that Stonegate was responsible for Olivia's death and destroying our family."

'Providing justice'

Judge Howard Crowson will decide on the fine to impose on Friday.

He thanked the jury for the "heavy burden" they took on in deciding the three-week case.

On Tuesday, he had directed the jury to clear Stonegate Pub Company on three other charges relating to the Health and Safety at Work Act.

Durham County Council's head of legal and democratic services, Helen Lynch, said it had been a "particularly difficult and lengthy process" for Miss Burt's family.

"We are pleased with today's outcome and hope it goes some way towards providing justice for Olivia and her family," she said.

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