A TRIAL is to take place following the tragic death of a woman who fell down the cellar steps at a Westhoughton pub.

Joseph Holt Ltd, had pleaded guilty to failing to take reasonable measures to ensure that the Rosehill Tavern on Leigh Road was safe.

The offence they admitted states: “Joseph Holt Ltd, being a legal person having control of the premises known as Rosehill Tavern, Leigh Road, Bolton, failed to take such measures as were reasonable for one in its position to take to ensure, so far as was reasonably practicable, that the premises were safe in that the means of access onto (and egress from) the stairway leading into the cellar area presented a risk of falling, and was not safe for persons using it.”

Bolton Crown Court heard that it is accepted by both the prosecution, brought by Bolton Council, and the brewery that, on the night Elaine Horrocks died, she fell down the cellar steps and that the door leading to the cellar was unlocked.

But at Bolton Crown Court the sentencing judge, the Honorary Recorder of Bolton, Judge Martin Walsh told the court that a basis of plea submitted by the brewery does “not address the critical issue as to whether there was or was not any level of culpability on behalf of the brewery towards the circumstances that gave rise to the tragic incident.”

The judge added: “This case is all about the circumstances that led up to the tragic death of Elaine Horrocks and the issue as to whether the brewery share any culpability or not is a matter that should be determined by a court.”

Harry Vann, defending on behalf of the brewery, vacated the company’s plea and a trial has now been listed to take place on May 5 next year.

Mrs Horrocks had been at the Rosehill Tavern attending a Neil Diamond tribute night on January 13, 2018 and was found at the bottom of cellar stairs, severely injured after hitting her head.

An inquest previously heard how 54-year-old Mrs Horrocks, of Birch Avenue, Westhoughton, was discovered in the cellar at the foot of a flight of nine concrete steps by another customer 10 minutes after she was last seen on the bar’s CCTV.

The door leading to the cellar is in the same area of the building as doors to the toilets and outdoor smoking area.

Kellie McGarry, the landlady who took over running the pub in September 2017, told the inquest that she had gone to get ice and Prosecco from the cellar shortly before Mrs Horrocks’ fall. But it is thought that the cellar’s Yale door lock failed to catch after she returned upstairs.

Coroner John Pollard, who ruled that Mrs Horrocks’ death was accidental, described the cellar as “dangerous” and said he would be writing to Joseph Holt Brewery with a regulation 28 notice, telling them he was fearful of future deaths at the premises.

Ms McGarry was accused of failing to ensure the health and safety of employees and failing to conduct a business to ensure that customers were not exposed to risks, but was cleared after the prosecution decided not to proceed with charges against her.