Ruso Limited, proprietors of Sophie's Steakhouse in Kensington, have been prosecuted for breaching the Health and Safety at Work Act 1974, over an accident in December 2004. A man carrying a wheelbarrow full of chemicals which were being delivered, fell into an open cellar door, injuring his back. Two separate deliveries were in progress at the same time, and a restaurant employee went into the cellar to open the hatch for a delivery of wine. At the same time, an employee of Zenith Hygiene was delivering cleaning chemicals above at street level, and walking backwards with his wheelbarrow he failed to see that the hatch was open and fell down the opening.
West London Magistrates fined the restaurant a total of £15,500 after they admitted the breach. The Court stated that Ruso should have had a sign to alert people that the cellar door was open, a chain or similar barrier should have been placed around the cellar opening and the manager or a senior employee should have overseen the deliveries.
