LANDLORD Peter Potter has been fined £600 for failing to ensure the safety of the public after a woman fell down the cellar of his Devizes pub.

Potter, who has been licensee at the Four Seasons in the High Street for 21 months, appeared before Kennet magistrates in the town on Monday. He admitted failing to comply with the Health and Safety at Work Act by not providing an effective barrier to the cellar opening.

The court heard that the cellar opening is in the pavement outside the pub and on April 3 Yvette Kingerley, of Sussex Wharf, Devizes, fell in the hole.

Tim Hammick, prosecuting, said Potter had two deliveries of alcohol a week and on each occasion the goods would be stacked on the pavement and, after checking them, Potter would go into the cellar and open the hatch.

Mr Hammick said: "Mr Potter had been in the practise of putting some cones, like traffic cones, out. He considered this would be enough to prevent what happened on this particular occasion."

He said that Miss Kingerley, 30, had been in the Four Seasons having a cup of coffee with a friend at about 11am.

Mr Hammick said: "Miss Kingerley left the premises and turned right out of the front door. She walked along the pavement. She didn't realise the hatch was open and she disappeared down into the cellar sustaining certain injuries.

"The person she was with helped her out of the cellar."

He said Miss Kingerley went to Devizes Hospital where it was confirmed she had suffered from bruising and grazing. Mr Hammick said: "She was also dazed and on the same day she went to see her doctor. She was still feeling unwell and being sick."

Mr Hammick said a senior environmental health officer from Kennet District Council visited the Four Seasons pub. Her opinion, he said, was that it was an accident waiting to happen.

She said there should be a guard or barrier around the cellar opening.

Matthew Bagnall, counsel for Mr Potter, said his client was very sorry and concerned about the accident and wanted to assure the court that it would never happen again.

He said on the day of the accident the cones Potter normally put out had been stolen.

Mr Bagnall said Potter thought the delivery driver and his friend would help to keep watch but they were distracted.

Mr Bagnall, who represented Potter by virtue of the landlord being a member of the Federation of Small Businesses, said the accident was not as bad as it had been portrayed. He said: "There is a ladder in the cellar and what happened was that Miss Kingerley's foot went down the hole and landed on the first rung of the ladder. Clearly she suffered bruising and grazing to her shin but she did not fall headlong into the cellar.

"This is an isolated incident and Mr Potter accepts responsibility. He perhaps should have had one of his members of staff to guard the edge of the hole but hindsight is a wonderful thing.

"Mr Potter has replaced the cones and now uses them on each and every occasion as he had done before this accident."

Presiding magistrate Captain Kettlewell said: "This amounts to no more than carelessness. It was not a deliberate act on your behalf."

Potter was also ordered to pay £400 costs. His wife, Christine, the landlady of the pub, faced the same charge but it was withdrawn after her husband pleaded guilty at the court hearing.