Caution serves as important reminder on need for fire safety compliance

On 10 May 2022, East Sussex Fire and Rescue Service’s fire safety inspecting officers, along with other partners from Discovery (Sussex Police, Immigration and Environmental Health), visited the Mowgli Indian Bistro and Bar and duly identified one or more relevant persons sleeping in the basement area, which is an offence under Article 32(1)(a) of the Regulatory Reform (Fire Safety) Order 2005.

This month and under caution, the ‘Responsible Person’ at the Mowgli Indian Bistro and Bar, which is located at 41- 43 The Marina in Bexhill on Sea, pled guilty to one offence at Bexhill Fire Station, fully accepting that they had failed to comply with the requirements of a Prohibition Notice served in force, restricting resting or sleeping in the basement area.

This resulted in the ‘Responsible Person’ accepting a simple caution as an alternative sanction without progressing the case for prosecution in a Magistrates’ Court, which reduces the burden on the judicial service.

Widespread problem

Craig Williams, group protection legislation and enforcement manager at the East Sussex Fire and Rescue Service, said: “This particular offence is regarded as a widespread problem by the Fire Authority. Owners, or those responsible for any premises subject to formal notices or where the Fire and Rescue Service finds non-compliance with currently fire safety legislation, are reminded by this sanction of the potential consequences of not complying with the requirements placed on them by the Fire Authority.”

The defendant was asked to pay fines and costs of £2,212 and agreed to pay voluntary costs to the Fire Authority totalling £1,500.

George O’Reilly, area manager for protection at the East Sussex Fire and Rescue Service, stated: “It’s vital that those responsible for fire safety take this responsibility seriously. The Fire Authority is tasked with enforcing the requirements of the Regulatory Reform (Fire Safety) Order 2005. We take this responsibility seriously and we will not hesitate to bring legal action against anyone responsible for placing people at risk of death or injury from fire due to their failures to meet the requirements of this legislation.”

O’Reilly also noted: “We do not want to take such formal action and would much rather that those responsible reach out to the Fire Authority for support and guidance to enable them to comply with the requirements of the law.”

Legislative changes

Legislative changes to the Regulatory Reform (Fire Safety) Order 2005 brought in through the Building Safety Act 2022 require all ‘Responsible Persons’ to carry out and record a fire risk assessment taking into account the risks posed by fire to all persons legally on – or in the vicinity of – the premises.

The requirements apply to all non-domestic premises, such as where people work, visit or stay, including workplaces and the non-domestic parts of multi-occupied residential buildings (eg communal corridors and stairways).