THE OPERATOR of an inflatable slide – which blew into the air with children on it – has been ordered to pay a further £6,000 after abandoning an appeal against a conviction.

In April 2013, the children’s attraction at a car boot sale was lifted into the air while two children were using it and was blown across the site at Ripley Cricket Club, near Harrogate, coming to rest about 160ft away.

A number of people received minor injuries and were taken to hospital.

Slide operator, Victor Lusher, from Heywood Road, Harrogate, was found guilty of failing to ensure the safety of the public and that the slide was fit for purpose and in good working order by Harrogate magistrates last May. He had denied both offences.

He was sentenced to 26 weeks imprisonment suspended for twelve months, ordered to do 300 hours unpaid community work and pay the council's costs of £9,000.

Mr Lusher, 52, last week appealed against the convictions at Teesside Crown Court but at the hearing abandoned his appeal over the conviction for failing to ensure the safety of the public.

However, Harrogate Borough Council decided not to oppose his appeal against failing to ensure the slide was fit for purpose and in good working order - which was allowed.

Judge Stephen Ashurst ruled Lusher’s failure to comply with health and safety duties resulted in a risk of seriously hurting the public and found there was a failure to use sufficient anchor points - while the pegs used were below standard.

Judge Ashurst also ruled Lusher had used a damaged inflatable which was missing anchor points. The second hand slide had no manufacturer’s instructions and the court heard in the absence of such, all anchor points should have been used.

The wind speed that day also exceeded the maximum stipulated by British Standard for the safe operation.

Judge Ashurst ordered Lusher to bear the council’s costs of the appeal which totalled £6,046 - in addition to the original costs of over £9,000.

However, his suspended sentence was reduced to 13 weeks and his community service work to 250 hours.

A Confiscation and Destruction Order was made in respect of the inflatable.

Speaking after the case, John Ennis, chair of Harrogate Borough Council’s licensing committee said: “This case shows how serious the consequences can be if these safety measures aren’t followed, and operators should understand that Harrogate Borough Council will take the firmest possible action against anyone who fails to meet their responsibilities.”