The owners of a pub where an “adored” woman died after falling into the cellar while on her way to decorate for her daughter’s birthday party have been spared jail.
Olwen Collier, 69, suffered serious head injuries falling down into the cellar of the Stag and Pheasant in Carmel, south Wales, in January last year.
The incident was described as a “fatal accident waiting to happen” by Judge Paul Thomas KC, who said dim lighting, poor signage and unclear directions led Mrs Collier to enter an unlocked cellar, where she fell down the stairs and later died.
The owners of the pub, Philip and Tracy Hawkins, both of Llandeilo Road in Carmel, previously pleaded guilty to failing to discharge general health and safety duty to a person other than an employee.
A healthy and adored lady lost her life, leaving her family utterly bereft and inconsolable and that happened because you two did not take sufficient, even the most basic, care for the safety of your customers
Judge Paul Thomas KC
At sentencing on Monday, Swansea Crown Court heard how Mrs Collier had visited the pub with her family to decorate for her daughter’s surprise birthday.
When she arrived, she had been directed to the function room by Philip Hawkins, 49, who was working on his own while his wife, 53, was ill in bed.
He had been taking gas canisters down into the cellar and had left the door unlocked, while the light was off and could be turned on only from behind the bar.
The door to the function room was marked “toilets”, leading Mrs Collier to believe she had picked the correct one.
Lee Reynolds, speaking for the prosecution, told the court Mrs Collier’s grandson, who was with her on the day, had tried to grab her as she slipped down the stairs but had been unable to keep hold.
Ian Ibrahim, for the defence, said the pair were “broken people” following the incident and had admitted guilt at the earliest opportunity.
The judge sentenced the pair to 18 weeks in prison suspended for 12 months.
Mr Hawkins, who was considered more culpable by the judge, was also ordered to complete 150 hours of unpaid work.
The judge said: “The word tragic is often overused, even in these courts.
“This case, however, fully merits that description.
“What was meant to be a joyous family occasion turned into the saddest of events.
“A healthy and adored lady lost her life, leaving her family utterly bereft and inconsolable and that happened because you two did not take sufficient, even the most basic, care for the safety of your customers.”
He added: “It ought to have been wholly impossible for a member of the public to enter that room and it was your responsibility to ensure that.”
While the judge said he was sure the family would want him to “throw away the key” and described the events as a “thoughtless error with devastating consequences” he did not feel an immediate custodial sentence was appropriate.
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