A business in Kent has been fined more than £46,000 after failing to implement sufficient fire safety measures to “protect its staff and customers”
As reported by Kent Fire and Rescue Service (KFRS), building safety inspectors first visited The Swan Brasserie Limited in West Malling in December 2021. At the time, several safety concerns were identified in the rear garden of the premises, including the absence of a fire detection and warning system and inadequate emergency lighting and exit routes.
At a court summoning on 10 July 2024, the company pleaded guilty to five breaches of the Regulatory Reform (Fire Safety) Order 2005. In full, they included:
- Failure to take general fire safety precautions in the rear garden building at the premises. As reported by KFRS, objects such as power cables and combustible items were found located in the means of escape, creating a risk of the spread of fire, contrary to Article 8 of the Order
- Failure to carry out a suitable and sufficient Fire Risk Assessment, contrary to Article 9 of the Order
- Failure to ensure the premises were equipped with appropriate fire detection equipment and alarms, contrary to Article 13 of the Order
- Failure to ensure that, in the event of fire, it would be possible to evacuate the premises as quickly and safely as possible. Inspectors noted that the escape route from the first floor of the rear garden building was “complex”, via a single staircase and required navigation through several rooms to reach the marquee. If there had been a fire in any number of points on the route, it would have made that single means of escape untenable, inspectors said, contrary to Article 14 (2) (b) of the Order
- Failure to ensure that emergency routes and exits were equipped with emergency lighting, contrary to Article 14 (2)(h) of the Order.
KFRS added that the breaches “posed serious risks of injury or death in the event of a fire”. On 24 July 2024, at Medway Magistrates’ Court, The Swan Brasserie Limited was fined £30,000 and ordered to pay £16,215.03 in costs. Additionally, the company was told to pay a victim surcharge of £190.
Commenting on the successful prosecution, KFRS Area Manager Customer and Building Safety, Suzanna Amberski said:
“We hope the sentence issued to The Swan Brasserie Ltd will serve as a reminder to other businesses across Kent and Medway to consistently adhere to fire safety regulations to avoid prosecution and, most importantly, to keep everyone safe.
"If you oversee a business, you are legally obligated to ensure the safety of everyone who works or visits the premises. This responsibility applies to all without exception.
"We are always ready to provide support and advice to any business in need. However, if you fail to comply with fire safety regulations and endanger lives, we will take legal action when necessary.”