Friday, 17 October 2014

Successful fire safety prosecution against takeaway restaurant

East Sussex Fire and Rescue Service is reminding owners of takeaway restaurants with sleeping accommodation above of their legal responsibilities following a court case which resulted in a prison sentence and a fine for the owner of a food takeaway business in Uckfield.

Secim Gezegen trading as Sanchos, 240 High Street, Uckfield was today (17 October 2014) convicted for breaches of fire safety legislation. Gezegen was sentenced to 16 weeks in prison, suspended for 2 years, and ordered to pay costs of £4,327.27 by Eastbourne Magistrates Court after pleading guilty to the offence of failing to comply with a Prohibition Notice. The notice was prohibiting the loft space from being used as sleeping accommodation.

In April 2013, following a complaint received by East Sussex Fire and Rescue Service, Inspecting Officers visited the premises and issued a Prohibition Notice. The Notice made it clear that the loft was only to be used for storage purposes unless the fire safety arrangements in the premises were improved. In March 2014 Gezegen was sent an 'informal caution' stating that ESFRS did not intend to prosecute on this occasion but that if there were further breaches of fire safety legislation in the future, the Service would have to seriously consider this course of action.

In April 2014 a second complaint was received which was once again responded to by Inspecting Officers. On this occasion, persons were found to be using the loft for sleeping accommodation, in direct contravention of the Prohibition Notice. The Fire & Rescue Service therefore deemed it necessary to bring a prosecution.

Group Manager Richard Fowler, Head of Business Safety for ESFRS said "The Fire Service considers such matters as being amongst the most serious that it encounters. Dangerous conditions were identified and Mr Gezegen was instructed not to use the loft for sleeping. He blatantly ignored this instruction and placed his staff at risk by allowing them to sleep in the loft. The prison sentence handed down by the court today reflects the serious nature of the offence. Owners of any premises where the Fire Service has served a formal legal notice are reminded of the importance of complying with the notice and of the potential consequences of not doing so."

In sentencing Gezegen, the magistrates took account of the fact that he obstructed and man-handled an inspector during one visit. They said that regular checks would be made by the fire service in the future and any further breeches of the Prohibition Notice would result in Gezegen being sent to prison.

Notes to Editors:
1.         The Regulatory Reform (Fire Safety) Order 2005 (the Order) became current fire safety legislation in October 2006. It covers practically all types of premises except single domestic dwellings. It places the onus of responsibility for fire safety on the responsible person for each premises.  Fire authorities advise and assist responsible persons to meet their statutory duties; they are also under a legislative duty to enforce the Order and are empowered to impose sanctions and bring prosecutions.
2.         The Order is divided into a series of Articles; breaching particular Articles may constitute an offence. -
3.         Under Article 32 It is an offence for any responsible person to fail to comply with a Prohibition Notice.   

No comments:

Post a Comment