Manchester Magistrates’ court heard how UK Night Life Limited and its sole director, Charles John McGrath, undertook the management of a refurbishment project on The Level nightclub, Mawdsley Street, Bolton without an experienced contractor in place to manage the site. Up to 20 workers were potentially exposed to deadly asbestos fibres in order for the club to open in time for Fresher’s week and an influx of students to the club.
The site first came to the Health and Safety Executive’s (HSE) attention following a complaint from Bolton Council regarding unsafe construction works throughout 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.
Charles McGrath, sole director of UK Night Life Limited, of Mawdsley Street, Bolton, 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 £5,720.00 with costs of £3,535.86.
In his summing up, District Judge Sanders remarked that Mr McGrath had chosen to rush through the works with unqualified and inexperienced people running the site on a day-to-day basis. He went on to say that it was clear that these offences amounted to a ‘degree of cost cutting at the expense of safety’.
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