Nightclub owner fined over unsafe refurbishment

Nightclub owner fined over unsafe refurbishment



A Bolton nightclub owner has been sentenced after failing to carry out an asbestos survey before refurbishing a venue.


Charles John McGrath, 30, was the sole director of UK Night Life Limited and potentially exposed up to 20 workers to deadly asbestos fibres during the refurbishment of The Level nightclub, Mawdsley Street, Bolton between 1st to 12th August 2015.

Manchester Magistrates’ Court heard that Mr McGrath failed to ensure that an experienced contractor managed the project, which district judge Sanders said amounted to a “degree of cost cutting at the expense of safety”.

Matt Greenly, inspector at the Health and Safety Executive (HSE), said: “Mr McGrath totally failed in his duty to protect his workers, subcontractors and anyone else accessing this site from a foreseeable risk of serious harm.

“The requirement to have a suitable asbestos survey is clear and well known throughout the construction industry.

“They now have to live with the realisation that due to the lack of care taken by Mr McGrath they may face a life-shortening disease at some point over the next 30 or more years, from an exposure which was totally preventable.”

Mr McGrath had hoped to finish the refurbishment in time to receive an influx of students during freshers’ week.

However, the HSE was alerted to the project following a complaint from Bolton Council regarding unsafe construction works on the site.

The HSE inspector served a total of three prohibition notices and two improvement notices, along with a notification of contravention for a foreseeable risk of asbestos exposure, a lack of competent site manager, risks of falls from height, unsuitable welfare facilities and inadequate fire safety precautions.

Mr McGrath pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, and Regulations 5(a) and 16 of the Control of Asbestos Regulations 2012, and was fined £5,720 with costs of £3,535.86.

Matt added: “This case sends a clear message to any company that it does not pay to ignore risks on site, especially to simply keep to a self-imposed tight schedule.”

Asbestos related diseases are currently untreatable and claim the lives of an estimated 5,000 people per year in the UK.



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