A government department has admitted health and safety breaches that led to a child breaking her leg.

The three-year-old girl was with her mother in the Villa Marina Gardens in Douglas at the time of the Food and Drink Festival last year when a metal bench fell on her.

Advocate Jim Travers, representing the Department of the Environment, Food and Agriculture in court, this week entered guilty pleas on behalf of his client to failing to prevent access to an area which was a hazard to the public, and failing to obtain a risk assessment from Switched On Entertainment Ltd.

Two other health and safety breach allegations, to which Mr Travers had entered not guilty pleas, were withdrawn by prosecuting advocate Roger Kane in light of the guilty pleas.

Switched On Entertainment Ltd was represented in court by advocate David Keates and he entered not guilty pleas on behalf of the company to two counts of breaching health and safety regulations.

Mr Kane told the High Bailiff that the Villa Marina was operated by the Department of Education, Sport and Culture (DESC) but the Isle of Man Food and Drink Festival was run and planned by the DEFA.

The festival was in its 11th year and is estimated to attract around 10,000 visitors.

The DEFA hired the Villa Marina between September 9 and 16 for the festival last year and produced a safety plan for the management of the event with a festival planning committee set up.

A number of contractors were employed, one being Switched On Entertainment, which erect marquees.

marquee

Mr Kane said that, during the erection of a marquee on September 10 a number of metal benches were removed by Switched On Entertainment staff and used to anchor a marquee, with some not being put back in their original location after use.

On September 11 at 7.15pm, a woman was walking through the Villa gardens with her three-year-old daughter and a friend.

At the south end of the gardens one of the metal benches moved and fell over, coming to lie on top of the three-year-old.

The child was taken to hospital and found to have suffered a fractured femur.

High Bailiff Jayne Hughes accepted jurisdiction for the case and a pre-trial review will be held in summary court for Switched On Entertainment on October 13.

Sentencing for the DEFA has been adjourned until the outcome of any trial in relation to Switched On Entertainment.