After an incident involving death of one of its customers, a Birmingham nightclub has been asked to pay a heavy penalty of eighty five thousand pounds along with thirty three thousand pounds as costs of the suit. An investigation into the matter had been undertaken by the Birmingham City Council and the nightclub was prosecuted under the Health and Safety at Work etc. Act, 1974. The club had pleaded guilty of failure to ensure the safety of its customers.

The club was fined because it did not have proper safety procedures and did not impart safety training to its staff, both of which are its obligations under law, according to the Chairman of the Council’s Public Protection Committee, Councillor Neil Eustace. The Councillor hoped that this verdict would send the message to the nightclubs that they will have to face strict action if they do not give adequate care and attention to their legal obligations towards the safety of their patrons.

The incident, which prompted the prosecution of the nightclub, occurred in early 2007. Christopher Clarke had to be removed from the Oceana Nightclub as he insisted on consuming alcohol on the dance floor. He was thrown out from the fire exit and landed in an enclosed car park from which the only way to get out was by using a key fob, which was only given to those who had parked their cars there.

Therefore, Mr. Clarke could not get out of the parking lot through a proper exit and attempted to escape by climbing into the next building. In the process, he fell on the floor from a height of about four meters and suffered head injuries. When his body was found at 2 A.M., he had already succumbed to his injuries.

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