Business owner fined for breaching fire safety legislation

Sentencing took place at Oxford Crown Court (pictured) on 15 September following a conviction at Oxford Magistrates’ Court (the latter taking place on 24 July).

Fire safety inspectors from Oxfordshire County Council’s Fire and Rescue Service visited the premises back in February 2023. They found that Fircowicz had failed to ensure there was an adequate risk assessment of fire, failed to protect escape routes in case of fire and also failed to provide a working fire alarm and detection system.

The business was operating within an industrial unit. Members of staff were being allowed to sleep on the mezzanine floor of the premises, but without adequate fire safety arrangements having been put in place.

A fire safety audit was conducted under the Regulatory Reform (Fire Safety) Order 2005. Inspectors found the premises to be so dangerous that they were left with no alternative but to prohibit the use of the building for sleeping purposes until safety measures were improved.

As a consequence, the inspecting officers ordered the immediate removal of the occupants of the flats on safety grounds by use of a Prohibition Notice. At that point, the premises could not be used for sleeping.

An investigation resulted in Fircowicz being found guilty of four charges under the fire safety legislation.

Unfair advantage

Councillor Jenny Hannaby, Oxfordshire County Council’s Cabinet Member for Community Services and Safety, said: “Businesses that ‘cut corners’ not only put the public and environment at risk, but also gain an unfair advantage over their competitors. This is made even worse when it relates to such important fire safety requirements.”

Jody Kerman, head of Oxfordshire County Council’s Prevention, Protection and Trading Standards teams, observed: “Through the use of both targeted inspections and from acting on complaints, our fire safety inspectors are finding an increasing number of businesses where there is unsafe and inappropriate sleeping accommodation and a lack of fire safety measures being implemented. This is a very dangerous mix and, as this case shows, we will not hesitate to take action to ensure the safety of occupants, residents and customers.”

Issuing of a Prohibition Notice restricts the use of any premises providing accommodation that doesn’t meet the accepted standards of fire safety. ‘Responsible Persons’ (ie business owners or employers) must accept that they have a Duty of Care to ensure the accommodation they provide is both safe and suitable.