Author Topic: UK PROSECUTIONS  (Read 234039 times)

Offline kurnal

  • Hero Member
  • *****
  • Posts: 6489
    • http://www.peakland-fire-safety.co.uk
Re: UK PROSECUTIONS
« Reply #75 on: July 06, 2011, 10:38:39 PM »
Heres the link edita meant to post.

http://www.info4fire.com/news-content/full/building-managers-fined-100-000-after-failing-to-act-on-fire-risk-assessment

I would be interested to know more background in respect of the "failure to provide a fire alarm system" as mentioned in the news story.

Offline Edita

  • Newbie
  • *
  • Posts: 7
Re: UK PROSECUTIONS
« Reply #76 on: July 08, 2011, 02:10:24 PM »
Thank you Kurnal - I must have shortened the wrong link for this story - nothing sinister intended!

The line I got from London Fire Brigade is that the fire risk assessment indicated a need for a linked alarm system, but this was not implemented. 

Offline kurnal

  • Hero Member
  • *****
  • Posts: 6489
    • http://www.peakland-fire-safety.co.uk
Re: UK PROSECUTIONS
« Reply #77 on: July 08, 2011, 03:59:35 PM »
Business owners and companies contracted to provide Fire Risk Assessments to businesses are being advised to pay greater attention to Fire Safety legislation following the sentencing of two Mansfield men at Nottingham Crown Court today.

David Liu, who runs The Dial Hotel and Market Inn, both in Market Place, Mansfield, was jailed for 8 months and ordered to pay £15,000 costs after pleading guilty to 15 Fire Safety offences under the Regulatory Reform (Fire Safety) Order 2005. 

John O’Rourke, who runs Mansfield Fire Protection Services, Mansfield, was also jailed for 8 months and was ordered to pay £5,862.38 after he pleaded guilty to two breaches of Fire Safety requirements in relation to the inadequacy of Fire Risk Assessments he provided for Mr Liu’s hotels.

The Judge said that the time had come to send out a message to those who conduct Fire Risk Assessments and to hoteliers who are prepared to put profit before safety. 

Offline AnthonyB

  • Firenet Extinguisher Expert
  • Global Moderator
  • Hero Member
  • *****
  • Posts: 2480
    • http://www.firewizard.co.uk
Re: UK PROSECUTIONS
« Reply #78 on: July 08, 2011, 07:11:18 PM »
Heres the link edita meant to post.

http://www.info4fire.com/news-content/full/building-managers-fined-100-000-after-failing-to-act-on-fire-risk-assessment

I would be interested to know more background in respect of the "failure to provide a fire alarm system" as mentioned in the news story.

I've looked up Gloucester Terrace on Google street view and there is a strong possibility that the age and type of premises is such that they wouldn't have the required compartmentation for a 'stay put' evacuation strategy & so a linked alarm for a full single stage evac may be required in lieu of structural upgrades.
Anthony Buck
Owner & Fire Safety Consultant at Fire Wizard


Extinguisher/Fire History Enthusiast

Fire Extinguisher Facebook Group:
http://www.facebook.com/group.php?gid=65...415&ref=ts
http://www.youtube.com/user/contactacb
https://uk.linkedin.com/in/anthony-buck-36

Offline Indiana

  • Newbie
  • *
  • Posts: 23
Re: UK PROSECUTIONS
« Reply #79 on: July 11, 2011, 07:23:48 PM »
Landlord to pay £17,000 over ‘death trap’ Walsall house

Friday 8th July 2011,

http://www.expressandstar.com/news/2011/07/09/213390/


Offline nearlythere

  • Hero Member
  • *****
  • Posts: 4351
Re: UK PROSECUTIONS
« Reply #80 on: January 31, 2013, 07:14:22 AM »
I think this to be the first in NI under the new legislation.

30 January 2013

NIFRS Welcomes Fire Safety Prosecution against Belfast Hostel Owner


Northern Ireland Fire & Rescue Service (NIFRS) has welcomed the prosecution of a Belfast Hostel owner for breaches of Fire Safety Legislation. 
 
The owner of the Linen House Hostel, Kent Street, Belfast was prosecuted yesterday (Tuesday 29 January 2013) at Belfast Magistrates Court and fined £1200 plus costs relating to 8 charges of fire safety.  These included failure to carry out a Full Fire Risk Assessment to ensure that there are adequate measures to reduce the risk of fire in the premises and ensuring that people are able to escape if there is a fire.
 
As the enforcing authority for Fire Safety Legislation in Northern Ireland, NIFRS is warning that repeated failure comply with Fire Safety Legislation could result in prosecution.   
 
Dale Ashford, Assistant Chief Fire Officer, Northern Ireland Fire & Rescue Service explains:
 
“Owners of premises have an important job to ensure they work with us as the enforcing authority to make their premises as fire safe as they possibly can be.
Unfortunately in this instance, the owner of the Hostel failed to comply with the legislation and refused to co-operate with us.  Therefore we had no alternative but to pursue prosecution. 
 
“Since the changes in Fire Safety Legislation were introduced in November 2010 responsibility for fire safety in the workplace now clearly rests with people who are responsible for non-domestic premises and those with any degree of control of premises. 
 
“To date we have audited over 6000 premises right across Northern Ireland to ensure that the required fire safety standards are being met and we have been working closely with premises owners and managers providing free fire safety advice to ensure their premises are up to standard.
 
“We have issued 16 enforcement notices to those premises who repeatedly do not comply with the required fire safety standards and in the most serious cases of failure to comply, we will exercise our power as the enforcing agency and we are currently pursuing a number of prosecutions. 
 
“This incident aside, we are pleased and encouraged by the responsible approach taken by the majority of the business community to fire safety since the changes in fire safety legislation in Northern Ireland and we thank them for their co-operation in assisting us to protect our community.”   

 
« Last Edit: January 31, 2013, 07:16:45 AM by nearlythere »
We're not Brazil we're Northern Ireland.

Offline DavyFire

  • Jr. Member
  • **
  • Posts: 55
Re: UK PROSECUTIONS
« Reply #81 on: February 03, 2013, 10:20:18 PM »
NT, thanks for that.
     Have checked local news reports on radio and TV and local Press. No mention of the 'first fire prosecution' in Northern Ireland anywhere that I can find.
It appears that only persons like ourselves find this info on websites, forums etc. It does not get to the general public and businesses to inform and educate.
It is not a huge deterrant to be fined £1200 for a range of offences. It does not send out much of a message to prospective offenders. Surely as the first in N.I. it should have received a mention on the media otherwise how do we get the message across.
I don't relish prosecution, but if people blatantly disregard the regulations, a clear message should be delivered to all.
In my experience to date the appropriate person does not understand their responsibilities, some businesses do not know there is new fire legislation, those that do, dont want or cant spend money on fire safety.
As fire professionals our job is to inform and educate but if the courts don't send a clear message to offenders are we on a hiding to nothing.
Rant over, DF

Offline colin todd

  • Hero Member
  • *****
  • Posts: 3473
  • Civilianize enforcement -you know it makes sense.
    • http://www.cstodd.co.uk
Re: UK PROSECUTIONS
« Reply #82 on: May 19, 2013, 01:57:17 PM »
Readers might remember the fire in a block of flats near Malton, North Yorkshire in which two young apprentice jockeys died in a fire in September 2009.  The fire was started maliciously, and the culprit was jailed in 2010, after being found not guilty of murder but guilty of manslaughter. He received an indeterminate sentence with a minimum of 7.5 years. His conviction was upheld following an appeal in 2011.

Last Friday, the landlord of the block was jailed for 12 months for offences under the Fire Safety Order. He pleaded guilty to two offences at the block of flats and two offences at an adjacent HMO. He was given 12 months for each of the four offences, with the sentences running concurrently. The judge said that the landlord, Alan Foster, had shown a complete disregard for the fire safety of residents (he had allowed the continued storage of combustible materials in the singe stairway of this small block of flats). He also concluded that the deaths of the two young people would have been significantly less likely but for the breaches in the FSO.

The building work at the block had been approved by an Approved Inspector called JHAI Ltd. North Yorkshire FRS made a complaint to the CIC in respect of certain matters relating to their approval.  The CIC Discipinary Panel decided that their had been a very serious breach on their part, and they received a very serious reprimand.  They received this sanction in October 2012 and it remains on the CIC website until October 2013.
Colin Todd, C S Todd & Associates

Offline nearlythere

  • Hero Member
  • *****
  • Posts: 4351
Re: UK PROSECUTIONS
« Reply #83 on: August 20, 2013, 03:41:39 PM »
Belfast health trust admits breaching health and safety laws

Not a fire safety this time but could just as well have been.

http://www.bbc.co.uk/news/uk-northern-ireland-23768689

So much for the requirement to provide information to contractors.
We're not Brazil we're Northern Ireland.

Offline nearlythere

  • Hero Member
  • *****
  • Posts: 4351
Re: UK PROSECUTIONS
« Reply #84 on: September 25, 2013, 06:18:54 PM »
A landlord has been jailed for nine months for fire safety failings in a number of homes across Kettering, including a property where a young boy died following a blaze.

http://www.northantstelegraph.co.uk/news/top-stories/landlord-jailed-for-fire-precaution-failures-at-kettering-properties-1-5526542?goback=%2Egde_3874106_member_273718477%2Egde_3874106_member_276439210#%21
We're not Brazil we're Northern Ireland.

Offline nearlythere

  • Hero Member
  • *****
  • Posts: 4351
Re: UK PROSECUTIONS
« Reply #85 on: November 07, 2013, 07:39:45 AM »
Pub chain and licensee prosecuted by Cheshire Fire and Rescue Service

The landlord and licensee of a Warrington pub have been prosecuted for failing to put in place adequate fire safety measures. Landlord of the Rams Head Inn in Grappenhall, Punch Partnerships PML Ltd (Punch Taverns) and the licensee at the time Graham Dennett, 61 of Barnswood Close in Grappenhall, both appeared before Warrington Magistrates on Thursday, October 24, where they pleaded guilty to failing to comply with the Regulatory Reform (Fire Safety) Order 2005.

The case began back on August 5 2011 when a fire involving a tumble dryer broke out at the Rams Head Inn in Grappenhall. As with all incidents at commercial premises Cheshire Fire and Rescue Service carried out a post fire inspection at the premises. The inspection identified issues with fire safety, including the absence of an appropriate fire exit from the first floor guest and staff accommodation.

Punch Partnerships faced one charge of failing to provide a suitable and safe escape route while Mr Dennett was charged with four offences - failure to provide sufficient firefighting equipment, insufficient testing of smoke alarms and emergency lighting, failure to pass on fire risk and emergency information to staff and lack of a fire risk assessment review.

After hearing the submissions, Judge Knight fined Mr Dennett, £100 for each of the four charges plus costs of £269. Punch Partnerships were fined £2000 plus £8000 costs.

Deputy Chief Fire Officer, Mark Cashin, said: "We welcome the sentence handed out by the court as this was a serious breach of fire safety. Our aim is always to work closely with local companies giving them all the support and guidance they need to ensure the safety of both their staff and their customers. Prosecution is very much a last resort but in serious cases we will use our powers to enforce the regulations and prosecute offenders.”

Alex Stacey, 62 of Well House Drive, who carried out a fire risk assessment on the property in 2008, was also given a Caution for his part in the failings. DCFO Cashin added: “I cannot stress enough the importance of businesses making sure that they carry out a robust fire risk assessment. Failure to have one could cost you thousands and more importantly it could cost someone their life. Make sure whoever is doing your risk assessment knows what they are doing - I genuinely believe that there is a risk of people dying due to unqualified and poor quality risk assessors. These individuals are a risk to both life and businesses. Please visit our website to discover more about how to appoint a competent Fire Risk Assessor.”
The Regulatory Reform (Fire Safety) Order 2005 states that if you are the Responsible Person of premises you must make sure you carry out a fire risk assessment, although you can choose to appoint a 'competent' risk assessor to carry out a fire risk assessment on your behalf.
However, you will still be responsible in law for meeting the requirements of the order. A guide, put together by the Fire Risk Assessment Competency Council, is available to download on www.cheshirefire.gov.uk the guide provides advice on finding a specialist person or body, and identifies the certificating bodies that operate registration schemes.
We're not Brazil we're Northern Ireland.

Offline Dinnertime Dave

  • Hero Member
  • *****
  • Posts: 819
Re: UK PROSECUTIONS
« Reply #86 on: December 03, 2013, 04:34:51 PM »

Offline Indiana

  • Newbie
  • *
  • Posts: 23
Re: UK PROSECUTIONS
« Reply #87 on: May 02, 2014, 09:00:16 PM »

Offline Golden

  • Sr. Member
  • ****
  • Posts: 486
Re: UK PROSECUTIONS
« Reply #88 on: May 29, 2014, 06:18:24 PM »

Offline Golden

  • Sr. Member
  • ****
  • Posts: 486
Re: UK PROSECUTIONS
« Reply #89 on: October 13, 2014, 09:52:07 AM »
Not a prosecution but an enforcement action with the serving of a prohibition notice relating to maintenance of the fire systems within the building - not quite so sure about the local rag's description of 'upmarket' though and a quick scan of Facebook/TripAdvisor shows that the place has been an accident waiting to happen for a while!

http://www.torquayheraldexpress.co.uk/Residents-forced-leave-upmarket-gated-spa/story-23026300-detail/story.html#ixzz3G0nQtlqf