Nightclub owner, Luminar Oceana, has been fined £85k after a customer ejected from a club fell sustaining fatal injuries. Christopher Clarke had been removed by the door staff after having taken a bottle of beer onto the dance floor on two occasions, against club policy. He was ejected via a fire exit which opened into a secure car park. It was a cold night and it is believed that Clarke may have been left confused and disorientated, with no obvious route out of the car park, which was surrounded by office buildings with a single exit controlled by automatic gates which opened only when a car attempted to enter or leave. Clarke attempted to leave by climbing a mesh fence. However, he fell around 4 metres and sustained a fractured skull. Whilst Luminar Oceana was able to produce generic risk assessments, they had not carried out a site specific risk assessment to the club where the incident occurred, and they had failed to issue their door staff with instructions as to how to eject customers safely from the club. Luminar Oceana admitted breaching s3(1) of the HSWA and was fined £85k and ordered to pay £32,803 costs. Had the SAP proposals been in place (see Legislation and Consultation above) a lower end fine would have been at 2.5% of turnover, which would have equated to £1.1625m (turnover was noted as £46.5m).