Court proceedings have been started under health and safety legislation against a wine bar, one of its directors and an employee, following the conclusion of an investigation by Lancaster City Council into an incident involving an 18-year-old girl and a cocktail containing liquid nitrogen.
Back in October 2012, we reported how Lancaster sixth-former Gaby Scanlon had to have emergency surgery at the Royal Lancaster Infirmary after drinking two cocktails containing liquid nitrogen at Oscar’s Wine Bar and Bistro on George Street.
Although three of her companions on the night suffered no ill-effects from drinking the cocktail, Gaby, from Heysham, began to experience breathing difficulties and severe stomach pains. Taken to nearby Royal Lancaster Infirmary she was found to have a perforated stomach and given life-saving emergency surgery to remove it.
"I'd been warned by the barman the drink might make me a bit gassy, so I didn't think too much of it," she later told the Daily Mail, "but then my stomach started to expand and I felt sick.
"Soon I was doubled up with pain. People were asking me if I was all right, but I couldn’t say anything because my stomach hurt so much. Everyone went into a panic. I couldn’t talk, I could barely walk and everything was just a blur of pain. I was so frightened. I knew the drink must have caused it."
Although there were calls to ban the 'Nitro Cocktails' from MPs they can still be bought.
Andrew Dunn, of The Garden Village in Old Earswick, Yorkshire, has been summoned to court to answer charges under sections 3(1), 33(1)(a) and 37 of the Health and Safety at Work Act etc 1974 in relation to his role as a director of Oscar’s Wine Bar.
Matthew George Harding, of George Street in Lancaster, has also been summoned to court to answer charges under and breaches of sections 7 and 33(1)(a) of the Health and Safety at Work Act etc 1974 in relation to his role as an employee of the bar.
The company, Oscar’s Wine Bar Ltd, registered address of 39-42 Bridge Street, Swinton, South Yorkshire, has been summoned to court to answer charges under sections 3(1), and 33(1)(a) of the Health and Safety at Work Act etc 1974.
The first hearing is due to take place on Monday 9th February 2015 at Lancaster Magistrates Court.