OAP broke leg falling through restaurant's cellar hatch

A 75-YEAR-old man was left with a broken leg and other injuries after falling through a cellar hatch at a Forres restaurant.

The elderly man spent several months in plaster after the incident at Chapter One, High Street, on October 12, 2010.

Enigma Forres Ltd, 1A Cluny Square, Buckie – the company that owns the restaurant – pleaded guilty to breaching the Health and Safety at Work Act for failing to carry out a suitable risk assessment resulting in the customer falling into the cellar and being severely injured.

Co-owner of Enigma, Sandra Philip, attended Elgin Sheriff Court last Thursday.

The court heard that on the morning of the incident Ms Philip had gone down into the cellar to inspect the boiler because the heating was not working.

She called a local plumber to come and fix the problem, who had to leave the premises to get a part.

As a precaution, Ms Philip has instructed staff to sit customers at tables at the front of the restaurant, keeping them away from the open hatch.

However, one member of staff unaware of the restriction welcomed the complainer who was a regular and showed him to his seat.

Geoff Main, fiscal depute, said a waitress was leading the customer to a table to the back of the restaurant when Ms Philip shouted to warn them of the open hatch.

At that point the customer stepped back and fell down into the cellar, striking his back on the bottom step.

He broke his left tibia and fibula, injured his shoulder and was also bruised.

The company was fined £4,000 by Sheriff Philip Mann.

For the full story, see this week's 'Northern Scot'