Bristol nightclub owner fined after student injured

Failing to fix broken tiles in a Bristol nightclub, which went on to cause serious injury, has cost a businessman his director's status as well as a £27,500 penalty.

Cam Mu, who ran Mu Mu's in King Street, Welsh Back, was told by health and safety inspectors to repair electrics and smashed tiles in the men's toilets, Bristol Crown Court heard yesterday.

Though he fixed the electrics, he failed to repair the damaged tiling and a student nurse suffered a potentially life-threatening injury to his wrist when he slipped and fell against it.

Mu, 37, of Brean Down Avenue, Weston-super-Mare, pleaded guilty to breaching the Health and Safety at Work Act as well as failing to report an accident.

The court was told he had fallen foul of similar legislation on three previous occasions.

Judge David Ticehurst fined him £24,000 and ordered him to pay £3,500 costs. He also disqualified him from being a director of a company for three years.

Passing sentence, the judge told him: "This was a serious breach of public health and safety laws, putting members of the public at risk."

Alan Fuller, prosecuting on behalf of Bristol City Council, said on February 14 last year health and safety inspectors Heather Clarke and Samantha Mulchinock inspected Mu Mu's following an application from police for a review of the premises licence.

He said: "The inspectors found conditions were very poor and there was a serious risk to public and employee safety."

Mr Fuller said the club's electrical system was poorly maintained, there was broken glass in windows, doors and lighting, and the club was dirty, with accumulated rubbish, and trip hazards.

The court heard that in both the gents' and ladies' toilets, wall tiles had been smashed.

Mr Fuller said: "The inspectors contacted the company that owned the club, CK Enterprises (Bristol) Ltd (CKE), by telephone and letter to express their concerns and immediately served a prohibition notice regarding dangerous electrics. They later served two improvement notices in relation to poor safety management at the club.

"Mrs Clarke arranged to meet Mr Mu on February 19, but he didn't attend," Mr Fuller added. It was on March 12 when Owen Hyner, a student nurse, contacted the city council and told them about an injury he received at Mu Mu's on the night of March 1.

He said he had fallen in the basement toilets and, on putting his hand out to steady himself, had cut his wrist on broken wall tiles. The court heard he severed tendons, an artery and nerves and lost a large amount of blood.

After being helped by fellow student nurses, he was taken to Bristol Royal Infirmary and then Frenchay Hospital, and underwent a six-hour operation followed by a skin graft, staying in hospital for a week.

The club closed for business on March 4, and on March 12, Mrs Clarke spoke to Mu and advised him of his legal requirement to report the accident. CKE went into voluntary liquidation on June 16.

Mu did not reply when invited for interview.

Mr Fuller said that in 2004, Mu was fined £5,000 for exceeding the number of people in one of his business ventures in Weston- super-Mare.

In 2005, he was fined £10,000 for having dirty premises, again in the resort, and in 2008 he was fined £2,000 for health and safety hazards at Mu Mu's in Bristol.

Jason Taylor, defending, urged that Mu not be disqualified from being a director as the jobs of his 270 employees could be put at risk.

Mu told the judge he thought the sentence was unfair, saying: "£27,500 – no way, you can't get blood out of a stone when there is nothing there."

The judge told him: "The £27,500 must be paid in 18 months of today, or in default there will be a prison sentence of 12 months. You will overcome your financial difficulties, no doubt."

Bristol city councillor Gary Hopkins, Cabinet Member for Environment and Community Safety said: "Our public health services team work to support local businesses to provide services in a safe and efficient way.

"However, when a business is run in a way that endangers customers or staff we take firm action.

"We are determined to do all we can to protect the public.

"The size of the fine reflects the seriousness of this case."