A Fife hotel owner blamed for the death of a vulnerable guest in a dark stairwell has been sentenced to unpaid work as a direct alternative to prison.
Niall Vernon, from Norwich, died at Drummonds, Markinch on November 20 2019 after falling in the emergency stairwell.
A lengthy police probe established there were no suspicious circumstances.
Hotel owner and head chef Declan Howard returned to Scotland after years working in Spain and pled guilty to breaching the Health and Safety Act between September 19 and November 20 2019 by failing to ensure people were not exposed to risk at the Balbirnie Street hotel.
Mr Vernon died as a result, Kirkcaldy Sheriff Court heard.
Howard, 32, from Crieff, was given a 300-hour unpaid work order.
Alternative to prison available
Sheriff Steven Borthwick said it was “a serious failure in terms of failure to carry out proper maintenance”.
He went on: “I have to take into account that as a consequence, because of that inadequate lighting, that resulted in the tragic death of Niall Vernon, survived by his son.
“I take the view the offence to which you pled guilty is at the highest level… the threshold of a custodial sentence is reached.
“I do take into account your personal circumstances.
“I also take into account the fact… that you pled guilty to this offence tendered at the earliest possible stage.
“When I take into account mitigating factors I take the view it would be appropriate to deal with it by way of a community-based disposal as a direct alternative to prison”.
Found by housekeeper
The court previously heard how Howard was the sole director of Howard Hospitality Ltd, which took over the lease of 11-bedroom Drummonds in August 2019.
Niall Vernon had been staying there for nine days .
His body was found by a housekeeper at the foot of an internal emergency stairwell at the hotel the morning after he had been helped to his room by Howard, who found him lying in an electrical cupboard and thought he was intoxicated.
He had called police, who carried out a welfare check and determined nothing was amiss.
After the tragedy, it was determined lighting in the stairwell had not been properly tested or maintained.
The poor conditions were deemed to have caused Mr Vernon to fall and die.
A post-mortem examination confirmed the cause of death to be “complications of multiple blunt force trauma injuries in a man with chronic alcohol misuse”.
Limited experience
Defence lawyer Martin McGuire said his client had limited experience, having previously worked as a chef.
He said although certain processes were put in place, it is clear work required to be addressed which had not been completed timeously.
The lawyer said it is clear from Howard’s social work report he accepts responsibility.
Mr McGuire said: “It does seem to be a scenario where a young man with positive aspirations in terms of his family and future employment has taken on a business with a view to trying to get it to an operational standard but unfortunately matters overtook.”
Mr McGuire said the business did not continue and Howard went abroad with his family before returning to Scotland.
Mr McGuire said: “Clearly, it’s a very tragic situation – that’s not lost in any way upon Mr Howard – on the family of the deceased.
“He is a gentleman with practically no history of criminal offending, a history of positive gainful employment, with responsibilities to his partner and children.”
Son’s grief
After the conviction last month, Mr Vernon’s son Arron Rampling, said: “The death of my father had a profound impact on us all and the completely avoidable nature of his passing makes it all the harder to come to accept.
“The conviction is welcome but this is not closure – it’s simply an end to a set of proceedings that frankly should never have been necessary, had that hotel been managed properly.”
In January 2020 Howard advised he had terminated the lease on the property and his final day of operation was February 9.
The company was compulsorily struck off on June 15 2021.
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