UK PROSECUTIONS

[nearlythere]

Does anyone know the background of Mr Craig Stonelake who, as the fire risk assessor, was prosecuted by D&S F&RS over the unsuitable FRA in the large restaurant in Newton Abbot?

[AnthonyB]

Nope, the website (pages still viewable via the back door) says nothing, neither his own or CRS Fire Risk Services LinkedIn pages show any fire safety experience or training, just a reference to a bit of further education at a community college, so it's anyone's guess as to whether he is ex-FRS, ex-extinguishers or whatever.

The company Twitter account suggests several small businesses in the area have 'benefited' from his FRA & extinguisher servicing expertise.

Press release from the FRS

http://www.dsfire.gov.uk/news/newsdesk/PressReleaseArticle.cfm?ReleaseID=1560&siteCategoryId=3&T1ID=26&T2ID=36

[Tom Sutton]

Landmark fire safety prosecution lands shisha bar managers in jail

Check out http://www.manchesterfire.gov.uk/updates/news/23june2015_oasis_lounge_management_sent_to_jail/#.VYu-qkdDbJI.linkedin

[colin todd]

I used to thing it was dangerous to drive through Moss Side late at night. Now I have to worry where I have a shisha.  I think I will live the city a miss.  Even Glasgow sounds safer.

[AnthonyB]

Press Release - Hotel owner given suspended prison sentence for fire safety failures
Posted on 26/06/2015
A Paignton hotel owner has been given a suspended prison sentence after ?hair-raising? fire safety defects were found within the premises.

David Schofield, owner of the Park Hotel on the Esplanade in Paignton, was sentenced to six months imprisonment, suspended for two years, at Exeter Crown Court on 25 June.

He had previously pleaded guilty to seven offences under the Regulatory Reform (Fire Safety) Order 2005.

In summing up prior to sentencing, Judge Wassell said: ?I need to send a very serious message to hotel owners. The failures at this hotel were a potential tragedy in waiting. The number of defects was just hair-raising.

?To receive complaints from guests, some heard a fire alarm some did not, that 28 fire doors had failed to close properly, that 10 were not even fire doors. Furthermore, there were dangerous electrics, that there were elderly people staying at the hotel and exit doors were wedged shut. There were a catalogue of dangerous findings at the hotel and the fire service was quite right in closing it down.

?Anyone running a hotel in this dangerous condition needs to know the seriousness with which these matters are taken and with that only a custodial sentence will do. In terms of failings it is difficult to imagine one worse.

?I would like to compliment the fire service on the case that they have brought, the evidence and how the case was put forward.?

The offences related to failures of the fire safety standards at the Park Hotel in 2014, including:

? Not having an adequate working fire alarm system
? A large number of the fire doors in the premises not meeting the required standard
? Large amounts of flammable materials stored throughout the hotel
? Breaks in the fire separation between areas in the premises
? Poor planning in case of an emergency
? Inadequate means of escape in case of fire and poor standards of maintenance.

Station Manager Glen Wells, Fire Protection Officer for Devon & Somerset Fire & Rescue Service, said: ?I have inspected hundreds of hotels over the last 29 years and the Park Hotel in Paignton has to be among one of the worst for the sheer number of things that were wrong regarding fire safety matters at the premises.

?Had there been a fire there the residents and staff would have been at very serious risk of death or injury as a result of the poor fire safety standards.?

Station Manager Wells added: ?Devon & Somerset Fire & Rescue Service is committed to ensuring that hotels and guest houses in both counties meet the required standards of the fire safety legislation, and people that use them are quickly made aware of any fire and can safely evacuate.

?Where premises fail to meet these standards and those failures place people at risk of death or serious injury in the event of a fire then the Service will take necessary action against the people responsible.?

Schofield had stated at a previous hearing that the offences were not deliberate and that he did his best regarding the hotel.

Judge Wassell added that, had Schofield not had good character and no previous convictions, he would have been sentenced to 16 months in prison.

Schofield was also ordered to pay the full costs of ?9,274.

http://www.dsfire.gov.uk//news/newsdesk/PressReleaseArticle.cfm?ReleaseID=1614&siteCategoryId=3&T1ID=26&T2ID=36

[Golden]

And another HMO - see my old team at Enfield and Haringey are still banging up the errant landlords!!

http://t.co/X8p9EaRX6q

[colin todd]

You once hung around in Enfield, Silver?  Were the team to which you referred armed robbers?

[jokar]

Avon Fire & Rescue Service (AF&RS) has welcomed the outcome of a court case in which a Bristol businessman was successfully prosecuted for failing to comply with the Regulatory Reform (Fire Safety) Order 2005.

Garreth Wilson, who is the person responsible for student accommodation at 5 Nine Tree Hill, Cotham, Bristol, pleaded guilty to three charges relating to breaches in fire safety at the property. The charges were:
? Failure to undertake a suitable and sufficient fire risk assessment.
? Failure to ensure escape routes and exits lead as directly as possible to a place of safety, in that self-closers had not been fitted to the kitchen and lounge doors.
? Failure to ensure that the fire alarm system was maintained to an appropriate standard, in that there was a missing fire detector in the basement kitchen.

Today (Monday 6 July) at Bristol Crown Court His Honour Judge Martin Picton sentenced Wilson to six months in prison. He was also ordered to pay AF&RS full costs of ?12,441.91.

In June 2014 Wilson was given a four month custodial sentence, suspended for 12 months, and ordered to pay costs for similar fire safety breaches. These followed a fire in January 2012 where two women had to be rescued from the roof of the property by firefighters.

Today?s sentence included three months for each of the charges, which will run concurrently, and a further three month sentence, to run consecutively, for breaching the previous suspended sentence.

On sentencing HHJ Picton said: ?Parents paying rent expect an appropriate level of care. Fire safety measures, you?ve got to do it, there?s no excuse.?

Head of Technical Fire Safety for AF&RS, Group Manager Matt Peskett, said: ?We are satisfied with the outcome of this case and that the sentence reflects the severity of the charges.

?As the responsible person for the property Mr Wilson had a duty to ensure the safety of those living in the accommodation. Without adequate fire safety measures lives were put at risk.

?Part of the role of the fire and rescue service is to enforce the Regulatory Reform (Fire Safety) Order 2005 and ensure all business premises and public places comply so people are safe when inside.

?Landlords should be aware that where they provide accommodation they have a duty of care and a moral responsibility to look after their guests and residents. They should carry out a risk assessment and ensure their premises are up to the appropriate standard.

?Failure to do so can result in loss of life and where this comes to our attention, whether there is a fire or not, this may result in prosecution.

?We would like to remind all businesses that they have a duty to comply with fire safety legislation and I hope this case will show just how serious we take our responsibilities to protect the lives of people in our community.?

[jokar]

Avon Fire & Rescue Service (AF&RS) has welcomed the outcome of a court case in which a takeaway restaurant owner received a prison sentence for breaches of fire safety law.

Misbah Uddin Chowdhury was sentenced today (Monday 6 July) at Bristol Crown Court after pleading guilty to seven charges.

For each charge he was sentenced to three months in prison to serve concurrently. He was also ordered to pay AF&RS the full costs of ?17,572.58.

Mr Chowdhury was remanded in custody on Friday 29 May following a previous hearing and as already served five weeks of the sentence.

The prosecution was brought by AF&RS following an inspection of the Kashmir Tandoori Takeaway at High Street, Portishead, on Wednesday 26 September 2012.

The premises consisted of a takeaway shop on the ground floor with six bedrooms used by staff on the first and second floors. During their inspection officers from Avon Fire & Rescue Service found the lack of fire separation between the sleeping accommodation and the restaurant made the escape route unsafe. There was also no fire alarm and detection system, emergency lighting or fire doors.

A prohibition notice was served restricting the bedrooms being used as sleeping accommodation until work was carried out to remedy the failings. However, during a follow-up inspection on Tuesday 16 October 2012 it was found that at least two bedrooms in the property were being used in breach of the notice.

Following an extensive investigation by Avon Fire & Rescue Service Misbah Uddin Chowdhury was identified as both a leaseholder and licensee; and therefore the person with control of the premises in relation to fire safety regulations.

A prosecution was brought by Avon Fire & Rescue Service against Mr Chowdhury for seven breaches of the Regulatory Reform (Fire Safety) Order 2005.

On sentencing His Honour Judge Lambert said: ?You chose to allow people to continue sleeping there. Anyone who slept there was sleeping in a death trap. It was sheer luck that no one died. It was utterly irresponsible and entirely illegal. It was an appalling risk to continue. You should have stopped using the premises there and then.?

Station Manager Steve Quinton, from Avon Fire & Rescue Service?s Technical Fire Safety Team said: ?We are satisfied with the outcome of the case and believe the sentence sends a strong message to restaurant and takeaway owners in the area.

?Part of the role of the fire and rescue service is to enforce fire safety regulations which ensure public places are safe for customers and staff.

?Sleeping accommodation above a commercial kitchen represents a significant risk to life unless adequate fire protection and alarms are in place.

?Following our first inspection Mr Chowdhury was given the opportunity to rectify the issues identified. His failure to act, and thereby continue to put people?s lives at risk by allowing the bedrooms to be used, was a clear breach of fire safety law.

?Restaurateurs have a duty to comply with fire safety legislation and I hope this case will show how seriously we take our responsibilities to protect the lives of people in our community.?

[colin todd]

How can absent self- closers result in escape routes not leading as directly as possible to a place of safety?

[John Webb]

Seen in last week's Hertfordshire Advertiser:
http://www.hertsad.co.uk/news/st_albans_and_hatfield_companies_fined_over_fire_safety_breaches_1_4126807

Two companies managing rented properties in Hatfield have been ordered to pay more than ?42,000 after admitting breaking fire regulations and other failures.

Taken to St Albans Magistrates' Court by Welwyn Hatfield borough council, Odus Ltd of Bishops Square in Hatfield admitted 41 offences on four properties managed for private landlords, while XS Property Management Maintenance Ltd of Hatfield Road in St Albans owned up to a further five offences for one property.

The failures for Odus Ltd included locked and faulty fire doors, missing smoke seals, an empty fire extinguisher, a missing fire blanket and a broken alarm.

It was fined ?17,600 and ordered to pay council costs of ?17,424 in respect of multiple occupancy properties.

XS Property Management, which was prosecuted over another property in Hatfield, was fined ?4,300 and ordered to pay costs of ?3,210 for problems such as a faulty fire door and a missing smoke seal.

Following prosecution, director Shain Hutchings said: "I feel aggrieved at the fine. These were very minor faults, and we were not given time to correct them. If I could have afforded to, I would have fought it."

Shaji Odushoti, a director of Odus Ltd, said the council had inspected the homes only two weeks after it had taken them over, and issued a summons while it was waiting for landlords? approval for the necessary work.

However Cllr Mandy Perkins, cabinet member for housing, said: "We hugely value the contribution that good quality rented accommodation makes to the local housing market, but we hope this sends a clear signal to managing agents that they must comply with the law."

[Fishy]

Liverpool Echo...

http://www.liverpoolecho.co.uk/news/liverpool-news/former-fireman-put-tenants-lives-9731970

[AnthonyB]

Former fireman put tenants' lives at risk by renting out flats that were fire hazards

Adrian Webb and wife Lynn Joyce Webb were fined ?8,000 each after breaching orders at converted house on Rice Lane, Walton

An ex-fireman went from saving lives to putting them at risk ? after renting out flats that were fire hazards.

Adrian Webb gave up his job as a firefighter 12 years ago after starting his own property business with wife Lynn.

But the pair, who live in a plush four-storey home on Mill Lane, Rainhill, were found to have been renting out three flats at a converted house on Rice Lane, Walton last year that had no fire alarms or fire doors, with key-operated locks to exit doors.

Liverpool council today said the couple had been putting their tenants? lives at risk in a ?flagrant? breach of safety regulations after ignoring prohibition orders designed to make their properties safe.

A hearing at Liverpool magistrates? court heard that council environment health officers had visited the house, which had been converted to three self-contained flats, in July last year.

As well as finding they had no fire alarms or fire doors, the officers also found rooms riddled with damp, a lack of handrails to staircases, no adequate heating and a collapsed ceiling due to a water leak that had gone unattended by the landlords.

The council said the kitchens were poorly laid out and unsafe, with electric cables trailing across the floor and a chest of drawers was being used as a kitchen worktop.

Shocking photographs released by the council show the state the flats were in when officers first inspected.

Prohibition orders, which came into force in July 2014, were then made on the property, banning anyone from living the problems were fixed.

But a few months later, in December last year, council officers became aware that despite the orders, the property was occupied.

They re-inspected and found that people were living in each of the three flats and that work they had ordered had not been completed ? with the property merely having been tidied up and redecorated.

Liverpool city council said there were still no fire precautions or adequate heating and the kitchens were the same.

Inspection reports had also not been provided to the council, as required by the orders, to demonstrate that electrical installations were safe.

Adrian, 51, and Lynn Joyce Webb, 49, were convicted in their absence at Liverpool magistrates? court on July 16 on four counts each of failing to comply with prohibition orders made by the city council?s environmental health officers.

They were each fined ?8,000 for the offences and were both ordered to pay a ?120 victim surcharge and the council?s costs of ?1,326.

According to Mr Webb?s Linked In profile, he worked at Merseyside fire service for 17 years from 1986 to 2013.

In 2005, Mr Webb featured in a Liverpool Daily Post story about giving up his job as a fireman to start his own property business, which detailed how at the time he had a portfolio of homes across Liverpool and St Helens, half renovated and rented out and the other half modernised and sold on.

Cllr Frank Hont, cabinet member for housing, said: ?This was a flagrant breach of safety regulations which put tenants? lives at risk and the fines imposed in this case show the court has taken a very serious view of it.

?People have a right to live in safe and well-maintained property and we will have no hesitation in taking action against landlords who endanger people?s safety.?

The ECHO has approached Mr Webb for a comment.

[colin todd]

Landlord/retained firefighter jailed for 15 months after pleading not guilty to gross negligence manslaughter but guilty to breach of Article 8 of the Fire Safety Order in section 257 HMO in case involving 5 deaths.


http://www.newsnorthwales.co.uk/news/154953/update-prestatyn-landlord-jailed-for-15-months-after-five-people-died-in-fire.aspx

[colin todd]

I am assuming that, in the prosecutions thread, it is intended for FAILED prosecutions to be included.

This week, at Preston Crown Court, Lancashire Fire and Rescue Authority dropped all 21 charges against 3 defendants, including 2 companies registered  in Delaware, USA, in relation to 7 alleged breaches , and consequent offences, under the Regulatory Reform (Fire Safety) Order at an HMO in Morecambe. A significant reason for this appears to have been a joint experts' report (by the Defendants' expert witness and the Prosecution expert witness) that, in their joint opinion, in the majority of the 7 charges, a breach of the FSO and consequent risk of death or serious injury in case of fire was not established by the prosecution evidence.