Au Bord De La Mer director pleads guilty to fire safety offences in wake of Torquay flat blaze

Following a fire at the four-storey property, which consists of separate flats leased out to tenants by Hunt’s company, the Fire and Rescue Service completed an investigation. Inspectors identified a number of serious fire safety failures under the Regulatory Reform (Fire Safety) Order 2005. In summing up the case, the presiding Judge made specific reference to the premises as a “tragedy waiting to happen”.

A fire started at 8 Beacon Terrace on 9 March 2020 at 8.30 am. On arrival, firefighters were confronted by a fire on the first floor and informed that residents may still be inside. The firefighters duly tackled the blaze and searched for any missing people. Smoke and debris from the fire entered the stairway that was the means of escape in case of fire. The fire crew dealt with a fire in the kitchen and supported one occupant to escape. That occupant required oxygen therapy due to smoke inhalation.

At the scene, the firefighters noted that, despite there having been a fire and a large amount of smoke, the fire alarm never sounded. Also, the door to the flat was not fitted with any type of self-closing device, which would have prevented the rapid spread of the fire and smoke.

As a result of what had been seen, Fire and Rescue Service fire safety enforcement officers inspected the premises for appropriate fire safety provisions. Following a thorough investigation, it was identified that:

*there was no fire risk assessment in place for the premises

&there had never been any proper maintenance of the fire alarm or emergency lighting systems

*the fire alarm had been switched off and did not work when there was a fire, and it was also the wrong type of fire alarm fitted with inadequate coverage

*none of the flat entrance doors had the necessary self-closer fitted

*the ‘Responsible Person’ for the premises did attempt to put a management company in place, but due to money issues didn’t do so and left all matters unattended

Serious breaches

In November 2021, Au Bord De La Mer and Phillip Hunt were charged with serious breaches of fire safety legislation and pleaded guilty to a total of eleven charges. The Judge decided that, due to the seriousness of the charges and a possible custodial sentence, the case should proceed to the Crown Court for sentencing.

The case was heard at Plymouth Crown Court on 24 January this year. In summing up, Judge Linford said: “No basic steps have been taken to ensure that the occupants of 8 Beacon Terrace would be reasonably safe in the event of a fire. There was no testing of the fire alarm or emergency lighting and no fire risk assessment had been carried out. There was scant regard paid to anything that was needed. If this fire had happened at night then there would likely have been fatalities.”

Judge Linford continued: “Mr Hunt knew that he was not able to manage fire safety at the premises, but did nothing. It was not the responsibility of the leaseholders to make the premises safe. That responsibility was Mr Hunt’s.”

Pete Smith, Group manager and head of protection delivery at the Devon and Somerset Fire and Rescue Service, noted: “Phillip Hunt showed a disregard for fire safety measures and, therefore, a disregard for the safety of his leaseholders. Failings in fire safety measures also pose a heightened risk to firefighters who are already doing a dangerous job. There’s no excuse for leaving people’s safety to chance, especially so when information is readily available to those with responsibility for safety in buildings such that they can understand what their duties are and ensure they comply with the law.”

Smith went on to state: “I cannot emphasise enough the importance of carrying out a suitable and sufficient fire risk assessment and having the appropriate fire safety measures in place. It’s extremely fortunate that the fire occurred during the day when most of the occupants were out. Had the fire started at a time when people were asleep, the outcome could have been very different.”

The Devon and Somerset Fire and Rescue Service takes the safety of people that live, work and visit Devon and Somerset very seriously. Where those responsible for the safety of others fail to carry out their duties and those failures put lives at risk, the Fire and Rescue Service will take all necessary action to ensure that matters are dealt with appropriately. The Fire and Rescue Service only takes legal action in the courts where it identifies failures so serious that there has been a significant risk to people’s safety.