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Landlord pays £158,000 for breaches after tenants flee from blaze
06 April 2011
A residential landlord has been found guilty of fire safety breaches, following a fire where his tenants were forced to flee for their lives.
Joseph Ernest Draper, then owner of 9 Hillsborough Terrace, in Ilfracombe, Devon, pleaded guilty to four offences under the Fire Safety Order 2005.
Appearing at Exeter Crown Court on 29 March, Mr Draper was ordered to pay a total of £135,000 in fines and £23,000 in costs.
It follows a fire at the four-storey building on 14 February 2008. The building had been subdivided into flats. The fire, which started on the ground floor, spread throughout the property and forced some of the 13 tenants to make their escape by clambering over the roof.
After the fire Devon and Somerset fire investigators carried out a safety audit of the premises.
They found that the door giving entrance to the ground floor flat was inappropriately constructed to resist fire, which would enable a fire in the flat to spread into the escape route. The offence carried a fine of £75,000.
The three other offences cost £20,000 each, for three doors that had no self closing device fitted. This would also have impacted on fire spread to the means of escape.
Devon and Somerset area manager Nick Manning, said: “Landlords and owners of properties used as flats should take notice of the outcome of this case - it has sent a clear message with the level of the fine awarded."
Fatal fire care home manager fined for fire safety breach
04 April 2011
The manager of a care home that was the scene of a fatal fire has been found guilty of a fire safety breach.
Karen Sykes, 41, from Sale, pleaded guilty at Manchester Crown Court on 18 March following the fire at Oldfield Bank Residential Care Home. She was fined £500 and ordered to pay a victim surcharge of £15. The charge was for breach of article 23 of the Fire Safety Order - a failure to take care of herself and other relevant persons.
The court heard how a fire broke out in May 2010 at the care home, in Altrincham, where Ms Sykes was duty manager.
A fire alarm sounded around 6 pm, but was silenced by Ms Sykes. At this time, there had not been a thorough search of the site to locate the reason for the alarm.
A fire was later discovered in room 25 and an emergency call made at 7.15 pm. When crews from Greater Manchester Fire and Rescue Service arrived at the scene, they found the fire alarm set to ‘silent’ mode.
Elderly resident Enid West died following the fire and an inquest into her death is scheduled to be heard by the Stockport Coroner in April.
Previously, fire alarm engineer Christopher Morris, who was responsible for the fire alarm system on the site, was convicted for fire safety breaches.
Mr Morris, 56, of Llandudno, a former retained firefighter, appeared at Manchester Crown Court last year and was fined £5,000 and ordered to pay £6,000 costs. He pleaded guilty to two charges of failing to maintain a fire detection and alarm system.
Assistant county fire officer, Peter O'Reilly, said: "This case clearly highlights and enforces the message that employees have a duty to ensure the safety of the people they are looking after. This type of behaviour simply isn't acceptable and we should not forget that an elderly resident in Sykes’ care died that night.
"This is the first time an employee has been prosecuted under this legislation, as opposed to the employer, and I am proud of Greater Manchester Fire and Rescue for bringing this about."
February 2011
Warwickshire Fire Service managers are to face charges of manslaughter
The Crown Prosecution Service has announced that 3 Warwickshire Fire and Rescue Service managers are to face charges of manslaughter by gross negligence, for the deaths of four firefighters in a warehouse in Atherstone-on-Stour, in 2007. Ian Reid, John Averis, Ashley Stephens and Darren Yates-Bradley all died in the fire at Wealmoor Ltd, November 2, 2007.
Warwickshire County Council will also be charged with failing to make sure health and safety of its employees are maintained.
Michael Gregory, CPS special crime division, said: "Following a thorough investigation by Warwickshire Police and the Health and Safety Executive, I have reviewed the evidence in this case very carefully and I have decided that there is sufficient evidence and it is in the public interest to charge Paul Simmons, Adrian Ashley and Timothy Woodward with gross negligence manslaughter.
"Mr Simmons and Mr Ashley were watch managers and Mr Woodward was a station manager at the time of the fire, but they all acted as incident commanders before, during and after their colleagues were sent into the burning building. In that role they were responsible for making the operational decisions while their colleagues tried to put out the fire.
"I have also decided that there is sufficient evidence for a realistic prospect of conviction against Warwickshire County Council for failing to protect the health and safety of its employees and that it is in the public interest to prosecute."
The fire is not thought to have been deliberately started, the Crown Prosecution Service said. The defendants are due to appear before Leamington Spa magistrates' court on April 1.
The defendants will appear at Leamington Spa magistrates’ court on 1 April.
The Chief Fire Officers Association is said to be disappointed by the decision to prosecute the three firefighters. Peter Holland, CFOA President, said: "This is now a matter for the courts to determine and as such it is inappropriate to comment on the particular case. However, CFOA will be looking very carefully at the evidence that will be provided in court and will consider the wider implications this may have for the profession once the outcome is known. The public and business owners rightly need to be secure in the knowledge that their Fire and Rescue Services can provide an appropriate response to their needs."
The CFOA President added: "Firefighter safety is clearly of paramount importance to us and we are of course keen to learn lessons from the incident. Unfortunately, the protracted nature of this investigation has meant that we are still awaiting outcomes over 3 years later."
Care home owners admit fire safety breaches
The owners and manager of a residential care home in Newcastle have been fined more than £22,000 for breaching fire safety regulations. Tirsul Ltd, the owners of Bowland Lodge, Western Avenue, Newcastle, pleaded guilty at Newcastle Magistrates Court on Monday, February 21, to five charges relating to serious contraventions of the Regulatory Reform (Fire Safety) Order 2005.
Linda Parkin, manager of Bowland Lodge, was also fined £2,000 plus £400 costs after pleading guilty to one charge relating to a locked fire exit.
The charges were brought by Tyne and Wear Fire and Rescue Service following a fire at the care home on August 18, 2009. Fire crews found one of the fire exits had been chocked and nailed shut and a padlock had been fitted.
Fire Officers carried out an audit of Bowland Lodge after the fire and identified a number of other serious fire safety contraventions.
The charges against the owners related to the locked fire exit, failure to have a suitable and sufficient fire risk assessment, lack of compartmentation to prevent smoke spread, inadequately maintained floors, walls and ceilings to prevent fire spreading and an unsafe external escape route due to building work. Magistrates imposed a total fine of £18,750 and ordered payment of costs totalling £1,600.
Waste company fined £40,000 plus £22,668.82 costs after pleading guilty to fire safety offences.
The company Total Waste Ltd was prosecuted on February 18, by Dorset Fire Authority and fine £40,000 plus costs of £22,688.82, after pleading guilty to 16 offences at Bournmouth Crown Court following their admission of their to comply with fire safety law.
On Easter Bank Holiday, March 24, 2008, a fire safety officer attended the premises at Balena Close, Creekmoor, Poole, occupied by Total Waste Ltd, having received a complaint from a Planning Enforcement Officer from the Borough of Poole who was carrying out a separate unannounced visit to the premises.
The premises was being used by the company as a paper recycling facility. The officer found a very high risk, together with a range of very serious fire safety deficiencies, that included very poor means of escape, compounded by a number of blocked fire exits, a disabled fire alarm and other deficiencies all essential for the safety of the employees on site. The officer attending the premises found the risk to the employees so serious that he immediately served a Prohibition Notice on the premises preventing any further use until the major deficiencies had been dealt with.
A full investigation was subsequently conducted by Dorset Fire and Rescue Service which has resulted in formal prosecution proceedings being taken against Total Waste Ltd, who subsequently pleaded guilty to 16 offences under the Regulatory Reform (Fire Safety) Order 2005.
The Head of Fire Safety for Dorset Fire and Rescue Service, Group Manager Craig Baker, said: “Officers found extremely serious fire safety breaches that, in our opinion offered an immediate threat to the employees of Total Waste Ltd, therefore I believe in this case the Fire Authority had no option but to take action and prosecute the company.
“One of Dorset Fire and Rescue Services aims is to reduce the risk and impact across the whole community. Fire can have a devastating effect on the people affected and serious consequences for the business.
“We take our enforcement role very seriously and today we have taken action to prosecute this company but this is the result of very serious breaches of the fire safety legislation, we want to work with businesses to reduce risk. We aim to educate and encourage people responsible for them, to prevent fires ensuring a safe building before we take enforcement action.”
Dorset Fire and Rescue Service have a responsibility to enforce the Regulatory Reform (Fire Safety) Order 2005 and to direct enforcement action, prosecution action or both towards offenders of the Fire Safety Order.
Poundland pays out £20,000 for fire safety breaches
08 February 2011
National retail chain Poundland Ltd has been told to pay around £20,000 in fines and costs for serious fire safety contraventions at one of its stores.
The breaches found were so severe that the outlet, on Commercial Road, Portsmouth, was evacuated immediately until they were fixed, a spokesperson for Hampshire Fire and Rescue service said.
Investigators visiting the property in November 2008 found that there had been a failure to provide adequate training to a temporary store manager and that fire exits were not kept clear of storage.
The case finally went to Portsmouth Magistrates Court last Friday (4 February).
It took around two years to complete due to “interviews and discussions” taking place with the store manager and the responsible person, the spokesman said. “This was a complex one as we had to deal with the individual store manager and his solicitor as well as the responsible person,” they said.
There were four breaches of Fire Safety Order made in total, each costing Poundland £3,25
January 2011
Brewery pays out nearly £30,000 for fire safety breaches
A brewery has been ordered to pay £27,481 in fines and costs following a number of fire safety breaches at one of its pubs in London.
Punch Taverns Plc pleaded guilty to seven contraventions of the Regulatory Reform (Fire Safety) Order 2005 at Thames Magistrates Court on 6 January.
Fire safety officers who first investigated the Milestone pub on Mile End Road in July 2008 found that there was inadequate maintenance of the fire alarms and poor emergency lighting. In some cases, emergency lighting was non-existent.
The London Fire Brigade also found that the building, which is a House of Multiple Occupation, had not been installed with self closers on a kitchen door and one of its bedroom doors.
Punch Taverns was issued with an enforcement notice and time to comply following the first visit, however a second investigation in November 2008 revealed a number of faults still to be addressed.
Assistant commissioner for fire safety regulation, Steve Turek, said: “London Fire Brigade will continue to take action when businesses, large or small, do not take their fire safety responsibilities seriously. Failure to comply with the law can, as this case has shown, result in a prosecution.”
Two appear in court to face Penhallow Hotel charges
A director and an administration manager of the company that owned the Penhallow Hotel in Newquay, where three people died in a fire in 2007, have appeared in court.
John McMillan, a director of O&C Holdsworth Ltd, Nicola Burfitt, the company’s group administration manager, along with the company itself, face four charges under the Regulatory Reform (Fire Safety) Order 2005. They appeared at Bodmin Magistrates court on 15 December.
Charges include failing to carry out a suitable and sufficient risk assessment, failing to take general fire precautions, a failure to ensure the hotel was equipped with an adequate fire detection and alarm system, and failing to ensure a quick and safe means of escape. The offences are alleged to have occurred between 1 October 2006 and 18 August 2007, the date of the fire.
A fourth defendant, Martin Tricker of Hawthorne Safety Consultants who was not in court, faces one charge of failing to make a suitable and sufficient fire risk assessment between the same dates.
The case has been adjourned to 26 January 2011 for committal to the Crown Court. The prosecutions have been brought by Cornwall Fire and Rescue Service and Cornwall Council.
Last year, an inquest into the deaths of the three guests – Joan Harper, Monica Hughes and Peter Hughes, all from Staffordshire – returned an open verdict.
National bakers fined for fire safety breaches
Greggs the bakers have been fined £50,000 and ordered to pay £20,326 in costs after pleading guilty to serious breaches of the Regulatory Reform (Fire Safety) Order 2005.
London Fire Brigade prosecuted Greggs plc following an audit of one of their shops on High Street in Brentford on November 21, 2008. Fire inspectors found a number of contraventions including corridors partially blocked by plastic crates and a fire exit, which was locked by four padlocks. At the other side of the fire exit was a security door which was also locked.
Chairman and Leader of London Fire and Emergency Planning Authority, Councillor Brian Coleman AM, FRSA said: “In these tough economic times it is important that companies do not take their eye off the ball when it comes to making their business safe from fire. Fire safety is a key part of good business management and responsible persons must comply with their legal obligations under the fire safety order, in order that employees and the general public are as safe as possible from the risk of fire. Failure to comply with the law can, as this case has shown, result in a prosecution.”
A Notice of Deficiencies was sent to the company in January 2009, highlighting a need for a review of their fire risk assessment, an emergency plan and appropriate staff training.
Greggs pleaded guilty to two breaches of the RRO and sentencing took place at Isleworth Crown Court on December 13, 2010.
Hotel group pays out £127,000 for "substantial risks"
The failures at the Belfry House Hotel, which is situated in Wilmslow, resulted in owners Hallmark Hotel Group pleaded guilty to three serious breaches of the Regulatory Reform (Fire Safety) Order.
Firefighters first identified the problems during a routine visit in 11 April 2008. The visit was carried out under the Fire and Rescue Services Act 2004 to obtain information needed to fight a fire on the premises, should one occur.
Specialist fire safety inspectors from Cheshire Fire and Rescue’s Community Fire Protection Department subsequently visited the hotel, which was undergoing major renovations.
Numerous failings were identified, including the fire alarm not working, breaches in fire-resisting walls, an inadequate fire risk assessment, poor staff training and conflicting safety signage. In addition, there was not a single working fire alarm on the third floor of the building, while faulty smoke detectors and substandard fire escape routes were found on other floors.
A prohibition notice was served on the hotel that day, since the deficiencies posed a very real threat to guests, staff and contractors. The notice was withdrawn four days later following remedial fire alarm work and the implementation of new procedures, as well as a new fire risk assessment being in place.
Judge Elgin Edwards told the court: ‘For people who run hotels, fire security is particularly important. This company carried on trading and taking guests when quite clearly the guests were put at substantial risk.’
Hallmark Hotel Group was fined £25,000 for each of the three offences and ordered to pay costs of £52,585 to Cheshire Fire and Rescue Service
November 2010
Poundstretcher chain pays £55,000 for fire safety breaches
National discount chain Poundstretcher Limited has been fined £51,500 and ordered to pay £3,450 costs at Leeds crown court for seven offences under the Regulatory Reform (Fire Safety) Order 2005.
The offences at Poundstretcher’s Castleford store in West Yorkshire included a failure to take adequate fire precautions for its employees and other relevant people, a failure to review its fire risk assessment, emergency routes and exits blocked, and inadequate staff training.
The firm had previously pleaded guilty to the charges at Pontefract magistrates court.
Craig McIntosh, West Yorkshire Fire and Rescue Service’s director of fire safety, said the prosecution followed breaches of fire safety legislation at other Poundstretcher locations.
“This is the third time a prosecution has been brought in West Yorkshire,” he said. “The severity of the fines imposed by the court show that companies cannot continue to treat public and staff safety with contempt. The fines are intended to make Poundstretcher take its obligations seriously in the future."
In July 2009 Poundstretcher was fined £12,000 and ordered to pay £2,460 costs at Halifax magistrates court. And in October last year the company was fined £8,500 and ordered to pay £2,461 costs at Wakefield magistrates court.
Hotel prosecuted for fire safety breaches
New Look judgement to 'shake up' fire risk profile
The ‘starting point of New Look’s fine was actually £600,000, but was discounted at the original hearing to £400,000 in view of factors such as there being no casualties and New Look pleading guilty. The Court of Appeal’s endorsement of that level of represents a departure from the norm in health and safety cases, where fines of £500,000 and over are reserved for cases of major public disaster.
Court of Appeal upholds £400,000 fine for New Look
Retailer New Look’s appeal against its record £400,000 fine for fire safety breaches at its Oxford Street store was dismissed yesterday, with the Court of Appeal saying the fine was not excessive in view of the company’s “lamentable” performance of fire safety duties.
In a significant judgement for responsible persons under the Regulatory Reform (Fire Safety) Order 2005, the court decided that the level of the fine was not excessive in relation to the seriousness of the offences, the size and nature of the company, and the risk to the public which New Look ran. The court also held that the fine was not out of kilter with those for offences under general health and safety legislation where there was a risk of death or serious injury.
The conviction of New Look last November followed a fire at its Oxford Street store on 26 April 2009, which resulted in a chaotic evacuation of some 400 people, the closure part of Oxford Street for two days, and the eventual demolition of the building. The company was subsequently prosecuted and pleaded guilty to two main counts under the Fire Safety Order – failing to carry out a suitable and sufficient risk assessment, and failing to ensure that employees were given adequate fire safety training. Other alleged detailed breaches were taken into account under these two counts.
The Court of Appeal concluded that while it accepted that the fire itself was not caused by the retailer’s breaches of duty, (the cause of the fire has never been established) the offences were serious enough to create a magnitude of risk in which death and serious injury in the fire was avoided by luck.
The appeal judges also agreed with the trial judge that a starting point for a fine in these circumstances was £600,000. This was rightly reduced to £400,000 in view of nobody being killed or injured, the company pleading guilty and co-operating with the investigation at the earliest opportunity, and the company demonstrating that it had taken significant steps to remedy fire safety shortcomings across its stores.
Special risks from fire
While maintaining that the principles of setting the level of fines under the Health and Safety at Work Act 1974 were similar to those for the Regulatory Reform (Fire Safety) Order 2005, the court said the trial judge was right to recognise “that the nature of the risk that employees and others were to be protected was the risk from death or serious injury in a fire. Fire can be indiscriminate in its effect and, in the case of an organisation which in the centre of a large city undertakes responsibility for large numbers of visitors to its premises, breach will usually be a very serious matter.”
The Court of Appeal concluded: “We share the judge’s view that the appellant’s performance of its fire safety duties in a large department store in the centre of London was lamentable. The fines were, we recognise, severe, but they were not on our judgement manifestly excessive and the appeal is dismissed.”
In a statement issued after the judgement, the retailer said:
"New Look is committed to putting the health and safety of customers and employees first. Although the appeal against the fine was unsuccessful, we note that the original 35 alleged breaches of the Regulatory Reform (Fire Safety) Order 2005 (RRFSO) were reduced to 2 offences and at no time has it been alleged that the company was either responsible for the fire, or that its breaches of the RRFSO caused the fire."
Timber frame industry responds on fire risk management
The fire performance of modern methods of construction and timber frame buildings came under the spotlight at an insurance industry event last week.
The Risc Authority’s seminar was held in the wake of recent large fires on timber frame construction sites. While acknowledging that timber frame buildings had a role to play as an environmentally sustainable and quick construction method, several speakers called for greater attention to be paid to its fire safety drawbacks – especially during construction.
Niall Rowan of the Association of Specialist Fire Protection highlighted the combination of incomplete construction of what it a finely divided fuel source with the potential for arson as contributing to fast-spreading fires. He went on to give graphic illustrations of non-existent or inadequate fire stopping in all types of construction.
Geoff Harris and Andy Brookes of Greater Manchester Fire and Rescue Service demonstrated the difficulties for firefighters in detecting the progress of a fire spreading through the voids of a large timber frame apartment building. Other issues for firefighters include identifying how a building is constructed, radiated heat and the risk to crews from unstable structures.
The chairman of the UK Timber Frame Association (UKTFA), Geoff Arnold, responded with details of Site Safe, a new mandatory scheme for its members to reduce the incidence and severity of construction sire fires. It involved a three-stage process: pre-construction planning; on-site management; and post timber frame construction. He described it as “a seismic change for the industry” as there has never before been a requirement for this level of commitment to fire safety.
He also said that UKTFA would consider the potential risks in completed timber frame buildings highlighted by previous speakers. “We were not aware of fire risks in completed buildings until [they were] raised today, but we need to take that on board.”
Hotel company convicted of fire safety offences
A company that owned a London hotel has been ordered to pay more than £21,000 in fines and costs after pleading guilty to six offences under the Regulatory Reform (Fire Safety) Order 2005.
Malfax Investments Limited, which owned the Averard Hotel on Lancaster Gate in Bayswater, was sentenced this week at Westminster Magistrates Court.
The hotel was inspected by fire safety officers in April 2009, when they found a number of failings including inadequate fire detection and alarm system, problems with the external means of escape and inadequate and defective fire doors. As a result of these deficiencies, the officers issued an enforcement notice detailing the issues and when they needed to be resolved.
The company disclosed a fire risk assessment that was prepared in January 2008. Although it detailed a number of failings and advised steps they needed to take to address them, said London Fire Brigade, the company failed to act on the findings and implement any of the actions required.
The hotel closed shortly after the enforcement noticed was issued.
“The general public should feel safe from fire when they are staying at a hotel and the responsible person must make sure their premises comply with the regulations,” said London Fire Brigade’s assistant commissioner for fire safety regulation, Steve Turek.“All premises owners and operators must undertake a fire safety risk assessment. Although this was completed in this case, it is no use if the responsible person does not act on its findings.”
January 2010
Record fine under fire safety legislation for fashion house New Look
Fashion Retailer New Look has been fined a record £530,000 for fire safety breaches following a blaze at its central London store in Oxford Street two years ago. The fine is the largest to date under the Regulatory Reform (Fire Safety) Order 2005 in England and Wales, and represents another prosecution victory for London Fire Brigade.
The retailer’s fire safety standards were condemned by the judge who found the store guilty of two fire safety breaches which constituted ‘a risk of death and serious injury’ to the store’s staff and the public.
Thirty fire engines and 150 firefighters were needed to tackle the blaze on 26 April 2007. Crews remained at the scene for the next three days. The blaze caused major disruption to surrounding businesses and impacted on traffic and the public, including the temporary closure of nearby buildings. The fire completely destroyed the building and was subsequently demolished.
The first call to the brigade was from a member of the public, instead of the store’s staff. The delay in notifying the emergency services meant that the fire had already developed by the time firefighters arrived at the scene. According to witnesses, staff initially ignored smoke pouring out of a window and a fire alarm sounded but was reset several times during the fire. The court heard that eventually staff panicked and evacuated customers but did not seem to have a plan of how to action the procedure.
Following the fire, London Fire Brigade carried out fire safety inspections at the premises and found numerous serious fire safety breaches, including an inadequate fire risk assessment, which showed no record of appropriate fire procedures to adopt when the fire alarm activated. The training of staff was also found to be insufficient, which led to a delayed evacuation and staff being unable to follow a safe emergency evacuation procedure, to raise an alarm, or respond to a fire or alarm signal. In addition, shoppers were led by staff to take an inappropriate exit route and were forced to duck ‘shards of glass falling from above’.
During the hearing the store was criticized for having storage blocking escape routes and other deficiencies, including basement fire exits being unavailable to staff and the public due to the incompatibility of a swipe card system and the fire alarm.
New Look was fined £400,000 (£250,000 for failing to supply a suitable and sufficient fire risk assessment for the premises and £150,000 for failing to adequately train staff) and ordered to pay £136,052 in costs.
Commenting on the outcome, chairman of London Fire and Emergency Planning Authority, Brian Coleman said: ‘Good business management includes taking responsibility for fire safety, knowing the law and acting on it. This conviction shows that large companies are not exempt from prosecution and that London Fire Brigade will take action when businesses do not take their fire safety responsibilities seriously. Failure to comply with the law can, as this case has shown, result in a substantial fine.
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December 2009
Landlord fined for fire safety law breaches
A landlord has been ordered to pay over £20,000 in fines and costs after pleading guilty to breaches of fire safety legislation.
City of Westminster magistrates' court fined the landlord £10,150 for seven breaches of the Regulatory Reform (Fire Safety) Order 2005. The prosecution followed inspections of the property at 23 Streatham Common North Side in London on 17 April 2007 and 3 October 2007.
London Fire Brigade said the breaches included no fire safety procedures in place or a way of informing tenants about fire safety arrangements, storage blocking an escape route and smoke alarms which had been removed or had low batteries inside them. There was also no fire risk assessment for the premises.
An enforcement notice was served on the premises highlighting the work that needed to be carried out. Fire safety inspectors revisited the property on 3 October 2007 and found that that the notice had not been complied with.
Assistant Commissioner for Fire Safety Regulation, Steve Turek, said: "Housing providers like the ‘Responsible Person' in this case have to carry out a fire risk assessment and even more importantly act upon its findings in a timely manner. Landlords have to know their responsibilities to protect and inform their residents if a fire breaks out. The result of not taking appropriate action can have very serious consequences."
November 2009
Brigade considers prosecuting hotel owners following tragic blaze
Cornwall Fire and Rescue Service is considering whether to prosecute the owners of the Penhallow Hotel in Newquay, O&C Holdsworth, according to a BBC report. The service is investigating the company under fire safety legislation, following a tragic blaze at the premises.
The high-profile incident on 18 August 2007 (see Fire Risk Management, September 2007, p.3) was dubbed Britain's worst hotel fire for 40 years and resulted in the deaths of three people, all from Staffordshire: school teacher Peter Hughes, 43; his mother Monica, 86; and Joan Harper, 80.
Cornwall Fire and Rescue said it could not make any comment on matters surrounding a prosecution for legal reasons because ‘the matter is on-going’. In response, O&C Holdsworth said that, following legal advice, the company cannot make a statement while any legal action was being considered.
More than 90 people escaped from the 54-bedroom hotel after the fire broke out. At the height of the incident, 120 firefighters were in attendance, supported by 14 major fire appliances, two aerial appliances, a command and control unit and an operational support vehicle. The hotel was completely destroyed in the blaze.
Property firm prosecuted
Solitaire Property Management Limited has been fined a total of £1,500 and ordered to pay costs of £2,000 after pleading guilty to two fire safety offences. The company is responsible for maintaining and managing a block of flats, including both the internal and external communal areas of a premises known as Sundowner Block in Southampton.
According to the prosecuting team, Solitaire breached Article 27 of the Fire Safety Order by failing to respond to requests for information from the Hampshire Fire and Rescue Service relating to the housing block. Hampshire’s assistant chief fire officer, Steve Hamm, commenting on the prosecution, explained: ‘We require information about premises to carry out enforcement action and improve the safety of the people of Hampshire. Failure to answer our letters constitutes an offence under the Fire Safety Order, and Solitaire Property Management has been found guilty of this offence’.
The successful prosecution was taken forward by Hampshire County Council solicitors for the two breaches.
Solitaire Property Management received a fine of £750 per offence and were ordered to pay £1,000 to Hampshire Fire and Rescue Authority and £1,000 to Hampshire County Council.
June 2009
Suspended prison sentence for hotel fire safety failures
THE LANDLORD of a Nottingham public house has received a nine-month prison sentence, suspended for 12 months, together with 180 hours’ unpaid community service and an order to pay £2,200 costs, following serious contraventions of fire safety requirements. Following a complaint, Nottinghamshire Fire and Rescue Service visited the premises at The Earl Howe public house in Nottingham, the ground floor of which landlord Peter Malane was using as a bar, with the upper floor used as bed and breakfast sleeping accommodation. The premises lacked any fire alarm or other basic fire safety precautions. The prosecution followed Mr Malane’s breach of a prohibition notice instructing him not to use the upper storeys as sleeping accommodation until remedial work had been carried out. His continued use of this accommodation for paid guests had exposed them to further serious risk. His Honour Judge Stokes observed that this was the first breach of a prohibition notice to come before Nottingham Crown Court under the Regulatory Reform (Fire Safety) Order 2005. Commenting that action would be taken against any hotel owner found in breach of fire safety regulations to protect guests against risk of fire, Mark Huckerby, head of fire protection at Nottinghamshire Fire and Rescue Service, said: ‘Hotel-type accommodation presents a potentially serious risk, as there are people sleeping on the premises who are also unfamiliar with the layouts. It is vitally important that hotel and sleeping accommodation is managed properly... I hope that the outcome of this case will serve as a warning.’ The seven charges are summarised as follows:
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Shell fined record sum for fire safety breaches
Shell International Limited has been fined £300,000 and ordered to pay £45,000 in costs after pleading guilty to three breaches of the Regulatory Reform (Fire Safety) Order 2005 in England and Wales – the largest fine imposed under the legislation to date. London Fire Brigade prosecuted Shell following two small fires in the space of three weeks at its office complex in central London. In the first incident, on 19 December 2006, around 40 people evacuated the building and some 20 firefighters attended. In the second, on 5 January 2007, cutting equipment set fire to insulation material. A resulting inspection carried out by the brigade in January 2007 identified extensive breaches, including blocked escape routes and fire exits, defective fire doors and excessive fire loading. The fire loading had been dramatically increased because of refurbishments taking place on upper floors. The brigade served a prohibition notice on the company, restricting public and staff access to the Shell Tower and basement levels of the complex. The notice was lifted three days later after the company remedied the fire safety failings. It was also found that Shell’s fire risk assessment for the site had not been reviewed or updated since March 2003. According to the brigade, the condition of the general fire precautions within the Shell Tower had deteriorated for more than three years, with the matters identified by the 2003 fire risk assessment getting worse. In mitigation, Shell apologised for the shortcomings and said it had taken immediate action to put things right. An independent review of fire safety plans and the condition of the building had also been carried out, it said.
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August 2008
Firms pay out after breaches of the Fire Safety Order
Two companies in London, a major sports retailer and a local hairdresser, have been successfully prosecuted after pleading guilty to breaches of the Regulatory Reform (Fire Safety) Order 2005.
In the first case, JJB Sports Plc. was fined £17,400 for six breaches of the Order at it's store at Friern Bridge retail park in North London. The company was also ordered to pay costs of £6,150.
The failings, which included fire escapes which were locked or partially blocked by stock and an empty portable extinguisher, came to light during a Fire Service visit in December 2007. In mitigation, the company said that the failings were not representative of JJB but of mismanagement within the particular branch, and that subsequent fire training had enhanced safety at the store.
In the second prosecution, the owner of a hairdressers in East London was fined £4,000 for nine breaches of the Order. A fire service investigation of the Cutting Room and Beauty Basement in March 2007 identified a number of faults, including no emergency lighting in the basement, no fire alarm and no smoke detection system.
A notice was issued giving the owner four months to rectify the problems but, when the inspectors returned in July, they found that no work had been carried out.
Defendant, Mustafa Ismail maintained that all of the outstanding contraventions had now been remedied.
Care home fire death in Kent
An investigation is being carried out into a fire which claimed the life of an 81-year-old man in Westgate-on Sea, Kent.
He was a resident in the Hockeridge Care Home in Canterbury Road where 25 people were led to safety after the blaze started in a first floor room at 11pm on July 6th 2008.
Around 30 firefighters, including eight wearing breathing apparatus, were sent to the three-storey building and managed to extinguish the blaze shortly after midnight. Firefighters fought the flames with a main jet, two hose reel jets and a hydrant.
At the height of the blaze five fire engines and specialist support vehicles were in place. Police and ambulance crews were also called and paramedics treated one casualty for the effects of smoke inhalation.
Police say there are no suspicious circumstances surrounding the incident but add that a general inquiry is continuing.
A post mortem examination is being carried out and an inquest will be held.
July 2008
A company has been ordered to pay £17,000 in fines and costs after a fire in West London in which four residents became trapped.
PTF Properties Ltd pleaded guilty to for breaches of the Regulatory Reform (Fire Safety) Order 2005. The failures came to light following a blaze in a first-floor flat situated above a cafe in Hammersmith in April 2007. Eight fire engines and around 40 fire-fighters tackled the blaze.
Because the fire doors and fire detection system had not been properly maintained in the property, smoke and fire quickly spread and blocked the single means of escape. Two of the residents were helped to safety across a first-floor flat roof by neighbours. Another had to drop from the second floor to a first-floor terrace. The fourth resident was rescued by fire-fighters via a ladder.
In a recent hearing at West London Magistrates Court PTF Properties Ltd was fined £11,000 for failing to maintain a fire alarm, failing to maintain a fire door and failing to provide a safe means of escape. The company was also ordered to pay £6,000 in costs.
New national guidance on fire safety standards in certain existing residential accommodation expected.
Guidance to fire authorities under the Fire Safety Order has been issued in the “HM Government Fire Safety Risk Assessment Sleeping Accommodation Guide”, published by the Department for communities and local government in May 2006. Guidance for housing authorities under the Housing act 2004 is contained in the “HHSRS Operating Guidance”. In order to underpin the fire safety protocol many authorities around the country have produced local or regional guides and some excellent work is being done in this respect. However, it has been widely recognized that a single set of national, risk-based guidance is needed to bring together this regional work and inform housing authorities, fire authorities and landlords in their application of standards. Such guidance will help simplify the dual enforcement approach and bring some consistency across the country. LACORS produced draft guidance published January 21, 2008 for consultation which is expected to be adopted and be published in its final form on or after July 23, 2009.
Corporate Manslaughter and Corporate Homicide Act 2007 becomes law
From the 6th April 2008 the new Corporate Manslaughter and Corporate Homicide Act 2007 became law. Previously to convict an organisation of manslaughter following a work related death it had to be proved that a senior member of staff was also guilty of manslaughter.
Following the introduction of the new act organisations can be found guilty of corporate manslaughter if death is caused by a gross breach of their duty of care that is substantially due to senior management failure.
The responsible person within an organisation or individuals responsible for fire and health and safety will be the first port of call for any investigation involving a fatality or serious injury, it is therefore crucial that you conform to current legislation and standards.
Following the introduction of the Regulatory Reform (Fire Safety) Order 2005 the responsible person (Owner, employer or manager) is now responsible for fire safety within their premises. Many organisations have still not yet implemented actions to comply with the Order leaving them liable should any accident or emergency occur.
Click on the hyperlink below to view the Act
Corporate Manslaughter and Corporate Homicide Act 2007
January 2008
Nightclub Fined
A night club has been fined £41,000 after pleading guilty to 12 fire safety offences. Redbridge Magistrate’s Court heard that there were numerous fire safety failures at the Penthouse and Room at the Top night club in High Road, Ilford—run by Nightway Ltd.
The breaches included wedged open fire doors, no clear escape routes and an exit obstructed by rubbish.
The case arose after officers from the London Fire Brigade’s Redbridge crews were called to a fire alarm at the premises and subsequently carried out an inspection identifying the contraventions.
November 2007
Hotelier found guilty of putting staff and guests at risk
The proprietor of a hotel in East Sussex was ordered to pay more than £11,000 in fines and costs for a series of breaches of the Regulatory Reform (Fire Safety) Order 2005.
Claudio Priori was found guilty of the fire safety failings at Chequers Inn Hotel in a trial at Lewes Magistrates Court in November.
The failings came to light after fire crews were called to the hotel in March when the fire alarm sounded. Crews attending found no fire but could not locate any staff at the hotel to assist. the subsequent investigation uncovered a number of breaches, including failing to complete a fire risk assessment, failing to maintain that the fire safety measures at the hotel, and failing to provide adequate fire safety training to employees.
Mr Priori pleaded not guilty to eight offences, but at the subsequent trial in November, was found guilty on all counts. he was fined £1000 for each of seven offences and £500 for the eighth. He was also ordered to pay costs of £3794 to East Sussex Fire Authority.
summing up the case, the magistrates said that they were concerned that Mr Priori appeared to be still unaware of the risk of death or serious injury that staff and guests at the hotel were exposed to. They said that they hoped Mr Priori would now reflect on this.
Updated school fire safety guidance issued
The long-awaited update to Building Bulletin 7, BB100, the school fire safety guidance, has been issued by the Department for Children Schools and Families.
The new look guidance, designed for fire safety in schools, will help school designers and fire safety officers take the right steps to ensure new school buildings in England and Wales office staff and pupils at the highest level of protection.
Launching the guide, Schools Minister, Jim Knight, said there is now a presumption that new schools under the Building Schools for the Future programme will include sprinklers in the vast majority of cases.
According to DCSF, the national cost of school fires in England and Wales in 2000-2004 was £58 million but the cost of installing sprinkler systems in new schools can be as low as 1.5% to 2% of the total cost, with major savings in future years from lower insurance premiums.
Warehouse tragedy prompts calls for urgent review of Building Regulations
The loss of four fire fighters in a warehouse fire in Warwickshire has triggered calls review of the Building Regulations in England and Wales, and the reassessment of the role of fire suppression systems, particularly in single storage storage buildings.
The local government Association and the UK sprinkler in the industry have backed calls for a review, arguing that the current requirement in Approved Document B for all new build warehouses over 20,000 m² in size to be fitted with sprinklers - should be revised so that sprinklers are fitted in smaller sized warehouses over 2000 m².
In addition, Fire Protection Association managing director Jonathan O'Neill has written to Buildings Minister Yvette Cooper to request that she immediately reconvenes the ADB working group, to ensure a thorough debate can take place.
October 2007
Co-op fined £250,000 for fire safety breaches
The Co-op has been fined £250,000 on a range of fire safety failings at six stores in Sussex. The problems came to light after a fire at the St Leonards outlet in July 2007. east Sussex fire and rescue service inspected the branch and subsequently decided to carry out a full audit of all 41 corpse doors in Sussex. The audit revealed a range of fire safety breaches at the six stores including, no fire alarm system in two of the branches, locked fire escape doors at two branches and a poorly maintained fire escape at another.
The Co-operative Society pleaded guilty to 13 offences under fire safety legislation. In mitigation, the company said that health and safety is a priority and that it takes its fire safety responsibilities seriously. It has since reviewed standards and invested to ensure the stores meet the required fire safety specifications.
The company was fined £20,000 for each of 11 serious breaches, and £15,000 each or two other failings. It was also ordered to pay East Sussex Fire and Rescue Service £11,167 in costs.
September 2007
Residential enforcement
RLA calls to change legislation
The residential landlords Association is pressing the government to change legislation so local housing authorities, rather than fire authorities, become the single fire safety regulator for residential accommodation in England and Wales.
At present, the local authority, guided by the Housing Act health and safety rating system, has general responsibility for the building, while the fire authority, applying the fire safety order has jurisdiction over the communal areas. The RLA argues that this system of having to regulators coupled with the different responsibilities the fire safety in separate parts of residential properties is causing confusion. It says that the local housing authorities should be made the sole enforcer.
Penhallow Hotel Fire
Plea for patience following tragic hotel blaze
Police have confirmed that a 43 year-old man had died in the Newquay Hotel blaze on the 18th of August. Police believe he fell from a second-floor window and that two other elderly occupants are also thought to have perished. Four other people were being treated in hospital with serious injuries.
Senior Divisional Officer Jan Sturges of Cornwall Fire Brigade said that the police and fire investigation into the blaze would help explain the causes of the incident and the lessons that should be learned. He asked that everyone should be patient until the process is completed.
August 2007
PAS 79:2007
Risk Assessment Guidance Updated
The British Standards Institution has issued an updated version of PAS79 Fire Risk Assessment. Guidance and a recommended methodology to take account of the Regulatory Reform (Fire Safety) Order 2005. the revised version supersedes the 2005 edition of PAS 79 and introduces the following changes:-
- all references to legislation have been updated to take account of the Fire Safety Order;
- the technical content has been subject to minor amendments in the light of experience in the use of the PAS;
- the guidance now recommends more detailed examination and recording of certain fire precautions and fire safety arrangements;
- reference is made to the requirements of fire safety legislation covering dangerous substances.
BPW Fire Safety has adopted the new provisions and methodology contained within PAS 79:2007 for the completion of Fire Risk Assessments.