Death by misadventure

In another tragic incident in November 1996, teenager Graham Bailey was killed by a train after drinking several bottles of the alcopop Hooper's Hooch and six pints of lager. All these drinks were served to the fourteen year old boy in the Swan Hotel in Scarisbrick, Merseyside. Graham was attending a party in the pub's function room to celebrate the 15th birthday of a friend. The group was eventually asked to leave because of rowdy behaviour and a number of them walked towards a nearby railway line. Graham was with another teenager when the barrier came down, trapping them. His friend managed to avoid the oncoming train but Graham was struck and killed.

Edward Moorcroft, then licensee of the Swan Hotel, admitted 18 offences of serving alcohol to under-age drinkers and allowing children under 14 into a bar. Magistrates fined him £6, 410 and his wife £1,410 and removed his licence. At the time police called for controls on the sale of alcopops.

The case is back in the news because Graham's parents have taken out a private prosecution for manslaughter against the Moorcrofts. Magistrates at Ormskirk have set a second hearing for 1st September.

Mr Bailey, also called Graham, said, "We are prepared to lose everything to get justice. All the children in Graham's group were between 13 and 17. They should not have been served with alcohol. I could accept it if Graham had got away with being served a glass of lager but he was drinking all night." Mr Bailey said that, whilst he was aware that his son was at a party in the pub, he assumed that the landlord would not allow the children to get drunk. "It has been established that Graham drank six pints of lager that night. Many a grown man could not hold that much drink."

Landlords and breweries, as well as the managers of off-licences such as the one which served David Knowles the alcohol which led to his death, will be watching the progress of this case carefully. The outcome could have considerable repercussions in the trade.