A wine bar owner and a bar man have appeared at Lancaster Magistrates Court in connection with a health and safety prosecution after a teenager nearly died from drinking a cocktail containing liquid nitrogen.
On October 4, 2012, Gaby Scanlon, an A-level pupil at Ripley St Thomas Academy in Lancaster, was celebrating her birthday with friends at Oscar’s Wine Bar on George Street in Lancaster when she said she drank two shots of the liquer Jagermeister, and the chemical substance.
Her stomach began to expand and she was taken to Lancaster Royal Infirmary where a CT scan found a large perforation.
Miss Scanlon spent three weeks in hospital.
Doctors removed her stomach and connected her oesophagus directly to her small bowel.
Director of Oscar’s Wine Bar, Andrew Dunn, 52, of The Garden Village in Old Earswick, York, did not enter a plea to charges that he failed to ensure that all cocktail drinks using liquid nitrogen in particular the Nitro-Jagermeister shot cocktail, served at the Bistro were safe for customers to consume; and or failed to ensure that such drinks were served and or consumed only when safe to drink; and or failed to ensure that there was a safe system in place with adequate controls to prevent customers being exposed to injury from consumption of such drinks; and or failed to make any or any suitable and sufficient risk assessment relating to the service and consumption of such drinks, contrary to sections 3(1), 33(1)a and 37 of the Health and Safety at Work Act 1974.
Barman Matthew Harding, of George Street, Lancaster, pleaded not guilty to charges under and breaches of sections 7 and 33(1)(a) of the Health and Safety at Work Act 1974 in relation to his role as an employee of Oscar’s Wine Bar.
Lancaster City Council is also prosecuting the company Oscar’s Wine Bar Limited for health and safety breaches.
Prosecutor Rephael Walmsley said the case was too serious to be dealt with at Lancaster Magistrates Court and asked for it to be passed to crown court.
District Judge John Brailsford bailed Mr Dunn and Mr Harding unconditionally to appear for a preliminary hearing at Preston Crown Court on May 18.