Licensing Law in pub after serious accident

[Mya2022]

I'm in the middle of of a civil but also legal claim against a pub.
I sustained serious injuries in there 2 months ago resulting in surgery due to a massive mistake they made. The whole incident was caught on CCTV which the local Environmental Health Officer viewed and wrote about in her witness statement on on day 8.
She has made numerous requests for them to send her the footage and they have not and now 8 weeks on they are saying the footage has gone. She has told me that this is now with the licencing team to see if this was a breach of their licencing conditions.
Does anybody know if this would have been a breach and if so, if they do breach licensing conditions what happens in this instance?
Thanks

Did you make the request for cctv? www.gov.uk/request-cctv-footage-of-yourself

Yes and was denied as it was part of n ongoing investigation 😪 it was the EHO who told me to apply via the council Freedom for Information section of the website.
The response I got back from them said that this was not the correct platform as freedom for information is there for anyone to access anything from across the world and she said this pub CCTV would not come under that criteria and as it was part of an ongoing investigation I was not allowed to view it.

I had every intention of doing this however the council have been very laid back. It was only when I put in a complaint about the EHO that they decided to interview them. Prior to my complaint she told me they wouldnt be looking to prosecute as it takes a lot of money and resource. Thankfully that call was recorded and her boss was furious.
I am obviously pursuing the civil side and that's all in hand but it seems very unfair if they just have to have their insurance payout to me and then walk away from the rest of it unscathed, whereas I'm entering my third month off work and potentially no having the use of one of my arm again

Would a statement from the EHL describing what they saw on the CCTV not suffice?

Are they still claiming you fell in the Ladies? Can you get a witness statement off the ambulance crew who found you at the bottom of the cellar steps? Or others who were present at the time?
id have thought the onus would be on them to prove they weren’t negligent rather than on you to prove they were.

I think it's public liability/safety rather than licensing. Unsafe premises applies to orgs without alcohol licences too. The only thing I would say is that the door was shut (but not locked) is this in a court going to be sufficient to keep the public safe? At my local they are up and down to the cellar a lot and pretty sure it's not locked, it may not be legally required as long as there's a door

I would have thought the door would have a warning sign on, or at least the word Private.

If you look at the activity and risk assessments it, you have movement, potential for shoving/pushing in crowds (dance floor), potential for excess alcohol intake (night club) and an open door in close proximity where people will expect to find a toilet. So I don’t think having an unlocked door at the top of a flight of stairs leading directly from a dance floor with no warning or barrier would be considered safe.

^risk assess it

www.hospitalitylaw.co.uk/how-dangerous-are-your-premises/

scroll down - exact same scenario

In fact look at slips trips and falls in the HSE risk assessment template for pubs
www.hse.gov.uk/risk/casestudies/pdf/pub.pdf

So you’ve name changed and the details changed. First it happened two months ago, now it was Friday night. You had multiple fractures the first time and were sueing them. What gives?

????