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Successful prosecution following wakeboard accident

21 August 2024

BASILDON COUNCIL has welcomed the news that local firm, JVP Leisure Ltd, has been successfully prosecuted following an investigation led by the council's environmental health team.

JVP Leisure Ltd, the company owning the Festival Wakeboard Park, received a fine and was ordered to pay costs to Basildon Council, at a sentencing hearing at Basildon Crown Court on Wednesday 14 August 2024.

The prosecution followed an accident in which wakeboarder Euan Southcott sustained life changing injuries.

JVP Leisure Ltd, pleaded guilty following the incident in which the experienced 43-year-old wakeboarder fell while using the jumps at the leisure park on Saturday 6 June 2020.

An investigation by Basildon Council established that the company had failed to adequately maintain the polypropylene boards used to create the jump surfaces at the wakeboard park. When the customer landed, the board fractured resulting in life-changing injuries caused by the fractured edge. 

Forensic checks showed that the board had deteriorated after being exposed to the elements for an extended period of time, resulting in hairline cracks, and some more visible cracks that should have been noticed during routine maintenance, thus weakening the structure.

Basildon Council's investigation determined that the company had failed to assess the risk the use of the obstacles presented to members of the public and carry out adequate checks to ensure that the obstacles were maintained in a sound condition.

JVP Leisure Ltd C/O Andersons, Braintree Road, Felstead, Dunmow, Essex, CM6 3DJ pleaded guilty on 13th March 2024 to a contravention of the Section 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999. The company was fined £27,135 and ordered to pay costs of £25,000 to Basildon Council following sentencing on 14 August 2024 at Basildon Crown Court.

Rachel Glover, Basildon Council's head of environmental health welcomed the news: "I am pleased that JVP Leisure Ltd has been successfully prosecuted following a thorough investigation led by Basildon Council.

"Environmental Health has worked with JVP Leisure Ltd on a number of occasions prior to the accident to assist them with complying with the law. This incident would have been avoided by carrying out safe maintenance procedures and following safe working practices." 

"Basildon Council will not hesitate to take appropriate enforcement action where a business falls below the required safety standards."

 
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