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27 Jul 04B and Q Store fined £550,000
DIY store chain B&Q Plc has been fined £550,000 and ordered to pay costs of £250,000 by Bournemouth Crown Court today following a successful prosecution by the Borough of Poole.
The case was brought by the Council’s Consumer Protection Service following the death of Poole resident Pamela Jean Hinchliffe, aged 68 of Hamworthy in June 2001.
Mrs Hinchliffe died after being crushed by a forklift truck whilst shopping at the B&Q store at Fleetsbridge in Poole. Following the accident the Borough of Poole conducted a full investigation in conjunction with Dorset Police leading to court proceedings.
As part of the evidence for sentencing, the Borough of Poole supplied six letters from other Local Authorities in the 18 months prior to the accident. These six letters all show that B&Q plc had prior knowledge and had been put on notice regarding the issue with lack of banksmen with fork lift trucks in their stores nationally.
In June this year B&Q were found guilty at the Crown Court of five counts of breaching health and safety legislation and of failing to ensure safe systems of work for forklift trucks operating at the store. CCTV evidence presented at the trial showed that on many occasions the forklifts were being driven without banksmen. The company was cleared of a further three counts relating to the safety of employees. Sentencing was postponed until this week.
After today’s hearing Peter Pawlowski, Head of Consumer Protection Service, Borough of Poole, said: “I am delighted with today’s sentence imposed against B&Q. The fine of £550,000 together with the award of £250,000 costs to the prosecution represent a significant figure and one of the highest ever set for offences within the retail sector. However of more significance are the words of the judge who pointed to the failings of management at a local level, failures of management at a senior level and a failure of the overall audit process. I hope the level of fine and the damning indictment of the court will cause B & Q to seriously reflect upon their implementation of policies at all levels. This has been a long and difficult ordeal for the family of Mrs Hinchliffe who have been incredibly patient and supportive throughout and I only hope today’s hearing will go some way to drawing a line under the last three years.”
Councillor Don Collier, Cabinet Portfolio Holder for the Environment including Consumer Protection, said: “Today’s hearing brings an end to these proceedings and the sentenced imposed against B&Q serves as a reminder to all businesses of the responsibilities they owe to their customers. The council takes enforcement of health and safety very seriously and will not hesitate in bringing action where warranted.”
Editor’s Notes
Banksmen are people who walk in front of or behind the vehicle to move any member of the public from the contact zone with the forklift
The forklift truck driver Damian Nicholls was prosecuted by Dorset Police in November 2002 at Winchester Crown Court. A jury acquitted him of charges of Manslaughter and causing Death by Dangerous Driving but convicted him of breaching section seven of the Health and Safety at Work Act for which he was fined £400. A ban on reporting the case was imposed until after the outcome of the Borough of Poole prosecution last month.
B&Q plc were convicted of failing to ensure the safety of customers under section 3 of the Health and Safety at Work Act 1974 on the following:
Count 2 – 21 February 2001- Fined £40,000
Count 4 – 7 June 2001 – Fined £60,000
Count 5 – 11 June 2001 – Fined £70,000
Count 6 – 15 June 2001 – Fined £80,000
Peter Pawlowski, Head of Consumer Protection, tel: 01202 261701
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