Health and Safety Executive

Examples of enforcement - Entertainment - Fairgrounds

Prosecution of a fairground ride manufacturer

Following an inspection of an amusement park, a ride was found to have defective welds. The ride had only been supplied a few months before. An Improvement Notice was issued on the owner of a manufacturing company, and the company itself to implement a robust quality system for the manufacture of fairground rides. The owner failed to comply, was prosecuted and convicted following a nine-day trial. As part of the sentence, a court order was issued requiring the quality system to be implemented. Again, the owner failed to comply with that order and further prosecution action followed.

Resulting from a number of areas of concern further investigations revealed demonstrable problems with the ride structure. As a result, a Prohibition Notice was served on the owner and the company prohibiting further manufacture and supply of equipment as the owner could not demonstrate that his rides were in fact safe – a position open to legal challenge. The Notice was appealed but adjourned pending criminal proceedings.

Outcome:

Following a guilty plea in a Crown Court, the owner was sentenced to four months imprisonment (suspended for two years), 80 hours community service, fined £5,000 and ordered to pay £15,000 costs. Appeals against the Prohibition Notices were then withdrawn, effectively baring him from further manufacture and supply.


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Updated 27.04.09