NYFRS stated that after its fire safety inspectors visited the shop in October last year, they found ‘there were three beds at the rear’ of the shop, ‘no working fire alarm and fire detection’ system, and no ‘fire protected escape route’, while the business owner ‘had also failed to carry out a fire risk assessment’. This meant that in a fire, people living in the shop ‘would not have received an early warning that a fire had started’, nor have had a ‘fire protected route to make an escape’.
This could have meant that they might ‘very easily have become trapped inside’, and due to these issues a prohibition notice was served, ‘informing the responsible person that they must not allow anyone to sleep in the building’. With NYFRS ‘of the opinion there was a risk to life of death or serious injury’ should a fire occur, a prosecution was ‘considered appropriate action to take’.
At York Magistrates Court this week, a spokesperson for Naz Spice York Limited pleaded guilty to five breaches of the Regulatory Reform (Fire Safety) Order 2005, with the company fined £18,000 and ordered to pay £1,901 in costs plus a surcharge of £170, for a total of £20,071. Magistrates reflected that ‘serious breaches placed employees at risk of death or serious injury’, and ‘showed flagrant disregard for their safety’ as ‘no thought had been given on any level to the safety of staff’.
Kevin Caulfield, watch manager for NYFRS, commented: ‘North Yorkshire Fire and Rescue Service will always make a visit to a property when reports of poor fire safety standards are made to us. Depending on what is found appropriate advice will be given to the business, informal action may be taken or in some cases, such as this, the necessary enforcement action will be implemented.
‘In this case following the inspection, Prohibition and Enforcement Notices were served. An investigation was conducted because the fire safety problems were so serious. The responsible person had not given any real thought to what might happen to the people sleeping in the building if a fire had occurred. Conducting or commissioning a fire risk assessment is the starting point for beginning to ensure that a building is or can be made safe for people in the event of a fire.
‘North Yorkshire Fire and Rescue Service will in most cases give responsible persons chance to comply with the legislation before taking legal proceedings. However, where cases are found where there is risk to life of death or serious injury in the event of fire, prosecution will be considered and where appropriate taken.’
He continued: ‘North Yorkshire Fire and Rescue Service find that many businesses and sole traders are proactive in managing their fire safety well. Sadly there are still too many occasions, like this case, where businesses are unaware or ignoring what they should be doing. As a service we provide free fire safety advice to businesses and the public. We engage with various trade organisation and individual businesses to raise awareness of best practice around fire safety.
‘I would welcome ideas from anyone and especially businesses and sole traders as to how we as a Service could best reach out and deliver our important fire safety messages. Improving the standards of fire safety and fire safety management will reduce the risk of fire and help to keep individuals and businesses safer.’