From the South Wales Argus 26th February 2011.
THE FORMER owner of the Raj Gate restaurant, Ponthir, was given a four month suspended sentence for what a judge called "very grave" offences which put the lives of staff and customers at risk.
Abdul Kadir, 55, of Mackintosh Place, Cardiff appeared at Cardiff Crown Court yesterday after pleading guilty to 13 charges in a prosecution brought by South Wales Fire Service.
The offences included 11 counts of failing to comply with a fire service order thereby putting people at risk of death or serious injury in the case of a fire and two counts of failing to comply with a prohibition notice.
Prosecutor James Harrison told the court that fire safety advisor Michael Evans was requested to attend the premises in August 2008 by Torfaen council.
He found problems including obstructions in emergency exit routes, inadequate fire alarms and detectors and extension leads trailing through the kitchen. It was also found there had not been a fire extinguisher test since 2004 and the extinguisher there was missing a pin and seal.
Mr Harrison said the risk was considered so serious, Kadir was issued with a prohibition notice, meaning he couldn’t trade until the problems were rectified.
However, this prohibition order was breached on August 21 and September 3, when the restaurant was found to still be trading without the problems fully addressed.
For Kadir, Leighton Hughes, said he took over the restaurant in 2007 when it was "already in a perilous state of disrepair".
He said the business was making no money and the only way Kadir could afford to get the work done was to stay open while it took place.
Mr Hughes said: "The business was limping along and Kadir was robbing Peter to pay Paul in a way. All the work he was asked to undertake was undertaken."
The restaurant ceased trading in summer 2010 and is now in the hands of a bankruptcy trustee, the court heard.
Judge Christopher Llewellyn-Jones said: "A prohibition order says ‘stop trading until work is done’, this was ignored", adding the two breaches of the prohibition order were "very grave" offences.
He took into account Kadir’s previously clean character and sentenced him to concurrent sentences of one month for each of the first 11 charges and four months, again concurrent, for the breaches of the prohibition orders, each suspended for 12 months.
Kadir must also undertake 250 hours community service and pay £5,329.76 prosecution costs.