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Kristy Dawson

UK's biggest pub company guilty of health and safety breach after student dies outside Durham bar

The largest pub company in the UK have been found guilty of a health and safety breach after a student died when a fence at a bar collapsed on top of her.

Olivia Burt was studying natural sciences at Durham University and was a member of the sailing club. The 20-year-old died when a decorative screen used to manage the queue at Missoula in Durham fell to the ground on February 7, 2018.

Teesside Crown Court heard how Olivia, from Milford on Sea, Hampshire, fell through a panel in the screen. A section of the screen then fell and other customers landed on top.

Read more: Tragedy as 'popular and much-loved' Newcastle student, 23, died after falling from city centre building

Stonegate Pub Company, which owned the former venue on Walkergate, were on trial at the court in Middlesbrough charged with a single count of breaching health and safety legislation.

The charge related to the same heavy decorative screen falling earlier on the same evening and being lifted back into place.

Missoula (Copyright Unknown)

A jury, which has been listening to the case for more than two weeks, went out to deliberate at around 3.15pm on Wednesday afternoon.

At around 12.30pm on Thursday, after around three-and-a-half hours of deliberation, they returned a guilty verdict.

Judge Howard Crowson told the jury they could stay and attend the sentencing hearing, which is due to take place this afternoon, if they would like do so.

Police investigators outside of Missoula in Durham following Olivia's death (PA)

He told them that, as it is a company, the only outcome will be a financial one. He said: "It's a question of how much is the fine and other financial matters."

Following Olivia's death, Durham County Council made the decision to prosecute Stonegate Pub Company. They initially faced four charges but were cleared of three of them following a ruling by the judge.

Following the guilty verdict, Olivia's parents Nigel and Paula Burt shared their heartache of losing Olivia and slammed the company for using decorative fencing for crowd management.

In a statement, they said: "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.

"Stonegate is the largest pub company in the UK. According to their annual report 2022, Stonegate doubled their revenue to £1.6 billion and their vision is 'to raise the bar on the British pub by being the best for our guests, people and communities'. This did not happen at Missoula and led to the death of our wonderful daughter.

"Stonegate should never have used decorative fencing for crowd management. Stonegate knew the fencing was not safe after it nearly collapsed the previous year and collapsed just 30 minutes earlier on the night that Olivia died. Stonegate showed a complete dereliction of their duties and disregard for the safety of those attending, including Olivia."

They thanked Durham County Council for bringing the prosecution and all the witnesses present on the night that Olivia died for having the courage to come to court to give evidence.

They added: "It has been a long journey.

"Our heartbreak and pain have been prolonged by Stonegate pleading not guilty and fighting the case to trial. We have been waiting 1,976 days for Stonegate to be held criminally responsible. We thank the jury for seeing through Stonegate’s smoke and mirrors defence blaming everyone but themselves for what happened to Olivia.

"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.

"Olivia was at the start of her adult life in her first year at university and had so much to look forward to; this was taken away from her in the cruellest possible way.

"Our lives will never be the same again – we are heartbroken."

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