Two businesses and a landlord have been fined over £145,000 after pleading guilty to offences under the Regulatory Reform (Fire Safety) Order 2005.

On 28 April 2023, KWB Property Management Ltd, Arista Restaurants Ltd, and landlord Mr Christos Orthodoxou were sentenced at Birmingham Crown Court following a fire safety investigation at a premises in Sutton Coldfield. The three-storey building, which houses a Piro Fino takeaway, offices, and flats, was found to be in breach of several fire safety regulations.

The prosecution follows a 2016 fire incident when a small fire broke out on the first floor of the premises. Attended by West Midlands Fire Service (WMFS), firefighters became “concerned about smoke travel in the means of escape and the lack of fire safety arrangements,” and requested fire safety officers assess the premises. The following fire safety issues were identified:

  • There was no fire risk assessment in place.
  • There was insufficient fire resistance between the ground and first floors.
  • There was no fire alarm system.
  • Dangerously coiled extension leads were being used in the restaurant.

While an interim fire alarm was fitted soon after, WMFS served enforcement notices regarding the remaining fire safety issues. However, additional visits in 2018 and 2019 showed that the defects had still not been addressed. As WMFS reports: “It became apparent that records could not be produced to prove claims that work had been carried out to address compartmentation failings, and work that had been completed was not carried to an acceptable standard.”

Birmingham Crown Court gave Mr Orthodoxu a 16-month sentence (suspended for 21 months) and a fine of £5,000. He was also ordered to pay costs of £15,765.

KWB Property Management Limited was fined £80,000 plus £20,000 in costs, while Arista Restaurants Limited was ordered to pay £60,000 and £20,000 in costs. In total, the two companies and the landlord were fined £145,000 along with legal costs of £55,765.

WMFS Group Manager Darren Marshall said: “We take no pleasure from bringing such cases to court. We would much rather work with those responsible for fire safety to resolve issues in a timely manner.

“During this lengthy investigation, we encountered reckless attitudes towards fire safety. The building’s owner and agent refused to accept responsibility, as did the director of the restaurant and a director of the managing agency.

“Our role is to keep safe those living or working in, or visiting, such premises. Where necessary, we will ensure that people who fail others in their fire safety responsibilities face the courts.”