Olivia Burt death trial: Stonegate Pub Company fined more than £1.5m after being found guilty at Teesside Crown Court of health and safety charge over tragedy at Missoula nightclub

The pub chain found guilty over the death of Milford student Olivia Burt has been fined more than £1.5 million.

Stonegate Pub Company had denied four health-and-safety charges, but was found guilty by a jury of failing to ensure the safety of its customers after a trial at Teesside Crown Court. The other three charges were dropped by the judge, writes Alex Storey.

Olivia suffered a fatal head injury when decorative fencing collapsed outside the Missoula bar in Durham city centre on 7th February 2018. The 20-year-old was in her first year studying natural sciences at Durham University when the tragedy happened.

The court heard that around 30 minutes before the fatal crush, a section of the screen gave way due to the gathering outside.

Four staff members then attempted to put the barrier back up after the first fall but two panels had already fallen off.

Judge Howard Crowson said that the collapse of the first screen should have presented a grave enough risk.

The judge said: “The tragedy is the customers could have been dispersed as Mr Allen the defence expert accepted.

“The surge caused Olivia to be pushed through the panel. Olivia sustained terrible injuries and died.

“There is nothing I can say of comfort but everyone who gave evidence spoke of Olivia in glowing terms.”

The judge added: “Everyone in that queue was exposed to the risk of serious harm.

“Most of Olivia’s friends fell on her and at least one fell on the screen rather than under it.”

According to their 2022 report, Stonegate doubled their annual revenue to £1.6bn.

The judge ordered the total fine to be £1,560,000.

Jamie Hill KC, prosecuting, previously stated in his opening that Olivia’s death was “foreseeable, predictable and preventable.”

Mr Hill told jurors: “We say this screen should not have been used as a crowd control barrier or for queue management.

“As the queue swelled, the press of people caused Olivia to fall through a panel in the screen and then a section of the screen fell with other customers and other students.

“Olivia’s head hit the concrete pavement and the metal bar of the screen with the weight of other customers landed on her head.

“She suffered an unsurvivable head injury.”

In his closing speeches to jurors, Mr Hill added: “It is perhaps difficult to understand how it is that a 20-year-old woman could die in such a senseless and avoidable way.

“All she was doing was standing with her friends, waiting to get in to a club which had targeted the student population as a way of filling their venue on Wednesday nights.”

The court heard a victim statement from both Olivia’s parents Paula and Nigel yesterday, which left some jurors visibly emotional after they decided to stay for its conclusion.

Paula said via video-link: “Olivia was and still is the most important person in my life. Olivia was everything I ever wanted and hoped for in a child.

“She was simply on a night out with friends and should not have come to any harm.

“I feel like I’m continuously trying to crawl out of a pit and fall to the bottom again. I’m living a never-ending nightmare.

“Thank you for choosing me to be your mum.

“I am and always will be immensely proud of you. You can rest easy now Liv.”

Prashant Popat KC, in defence, expressed Stonegate’s deepest apologies to Olivia’s family

Stonegate were also ordered to pay £225,775 in court costs.