The Council of the Isles of Scilly has issued the following statement following the conclusion of legal proceedings which resulted in the successful prosecution of the operators of the Turks Head public house under the Health and Safety at Work etc. Act 1974.
“The Council of the Isles of Scilly has successfully prosecuted TTH@IOS Ltd, the operators of the Turks Head public house on St Agnes, following an incident on 19 July 2024 where an off-duty employee fell approximately 4 metres from the edge of an unprotected external patio area onto rocks below, sustaining serious injuries to their cervical spine.
At Newton Abbot Magistrates Court on 8 September 2026, TTH@IOS Ltd pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £16,000 and ordered to pay the Council’s costs of £5,622.00 and a Victim Surcharge of £2,000.
Barrie Trevena, Head of Regulatory Services at the Council of the Isles of Scilly, said: “This was a serious incident that has had a significant impact on the life of a young woman and her family. Whilst we generally regard prosecution as being a last resort, it is always a consideration for incidents which result in serious injury to a person or persons."
The investigation by the Council’s Environmental Health team revealed that the business had failed to implement a suitable and sufficient risk assessment regarding falls from height. No physical edge protection, barriers or warnings were in place to mitigate the clear risks presented by the steep drop adjacent to the patio area.
Since the incident, the Council has worked with the company to ensure that standard compliance measures have been enforced at the premises to prevent any similar incidents from occurring in the future.
The Environmental Health team would like to take this opportunity to remind all island businesses that they are always keen to offer proactive advice and assistance regarding Health & Safety and/or Food Safety.”
Further information
The local authority’s Environmental Health officers are the statutory enforcement body for health and safety legislation within hospitality, retail, and entertainment premises across the islands and can be contacted at EnvironmentalHealth@scilly.gov.uk for compliance advice and assistance.
Section 2(1) of the Health and Safety at Work etc. Act 1974 places a duty on employers to conduct their undertakings in such a way as to ensure, so far as is reasonably practicable, that persons in their employment who may be affected thereby are not exposed to risks to their health or safety.
Section 3(1) of the Health and Safety at Work etc. Act 1974 places a duty on employers to conduct their undertakings in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment (or employees who are off duty/acting as members of the public) who may be affected thereby are not exposed to risks to their health or safety.