Olivia Burt: Bar owner facing one health and safety charge

First-year Durham University undergraduate Olivia Burt died after suffering injuries when a partition collapsed as she waited to get into Missoula, in Durham City centre.

Judge Howard Crowson directed the jury to pass not guilty verdicts on three charges after the end of the prosecution evidence as there was no case to answer.

The jury will hear the defence case for the remaining charge and the trial against the bar owner's continues as they face one last charge.

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The venue, which was operated by the Stonegate Pub Company, was struggling to deal with an unexpected influx of students on the night of the 20-year-old’s death, Teesside Crown Court heard.

A security expert, giving evidence for the pub group, said the team of door staff had not handled the situation very well after the screen had collapsed earlier on the same evening.

Olivia Burt (Image: Durham Constabulary)

Steven Allen told jurors that staff from Phoenix Security would have been better off dealing with the growing number of people in the crowd outside and dispersing them instead of re-erecting the partition screen.

He said that if the door staff were struggling to cope with the sheer volume of people then they should have called for support from security at the Walkergate complex.

In cross-examination, Mr Allen accepted that the company still had legal responsibility for customer safety even though it had employed an independent contractor to run the doors.

Jamie Hill KC, prosecuting, said the ultimate responsibility for safety at a venue remains with the owner at all times.

Mr Allen replied: “Yes it does.”

Earlier in the trial, jurors heard how the premises seemed to fill up with students quicker and queues developed after 11pm with wrist-band holders waiting to gain access at the rear, unlike the usual swifter walk-in situation.

Jurors also watched CCTV footage showing the collapse of the screen in the background and shocked students and security staff rushing over.

They also saw footage of an incident around half an hour earlier when a barrier in the area collapsed.

Mr Hill said this should have served as a warning before the fatality.

Miss Burt died from head injuries suffered when a partition barrier or screen fell on her amid a surge in the queue of students waiting to gain access to the rear of the venue, in the Walkergate complex, late on February 7, 2018.

Stonegate denies the remaining charges brought by Durham County Council.

The trial continues.