West Malling business sentenced for fire safety breaches

In a hearing at Medway Magistrates’ Court, The Swan Brasserie Limited received fines of £30,000 and a victim surcharge of £190 in addition to being ordered to pay costs of £16,215.03. The penalties were for offences committed in the rear garden building of The Swan Brasserie Limited, which is located at 35 Swan Street in West Malling.

During a site visit back in December 2021, building safety inspectors from the Kent Fire and Rescue Service discovered several issues at the premises. The company was subsequently summoned to court on 10 July 2024 and pleaded guilty to five breaches of the Regulatory Reform (Fire Safety) Order 2005. These breaches posed serious risks of injury or death in the event of a fire.

Offences in full

The offences included the absence of a fire detection and warning system, failure to conduct a sufficient fire risk assessment and inadequate emergency lighting and exit routes.

*Failure to take general fire safety precautions in the rear garden building at the premises. In the area of the ground floor, there were objects such as power cables and combustible items located along the means of escape, in turn creating a risk of the spread of fire (contrary to Article 8 of the Fire Safety Order)

*Failure to carry out a suitable and sufficient fire risk assessment (contrary to Article 9 of the Fire Safety Order)

*Failure to ensure the premises were equipped with appropriate fire detection equipment and alarms (contrary to Article 13 of the Fire Safety Order)

*Failure to ensure that, in the event of a fire, it would be possible to evacuate the premises as quickly and safely as possible. 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, which is contrary to Article 14 (2) (b) of the Fire Safety Order

*Failure to ensure that emergency routes and exits were equipped with emergency lighting, which is contrary to Article 14 (2)(h) of the Fire Safety Order

Safety first

Suzanna Amberski, customer and building safety/area manager at the Kent Fire and Rescue Service, commented: “We hope the sentence issued in this case will serve as a reminder to other businesses across the Kent and Medway region to consistently adhere to fire safety regulations in order to avoid prosecution and, most importantly, to keep everyone safe.”

Amberski continued: “If you oversee a business, you are legally obligated to ensure the safety of everyone who works at or visits the premises. This responsibility applies to all without exception.”

Further, Amberski noted: “We are always ready to provide support and advice to any business in need. However, if businesses fail to comply with fire safety regulations and endanger lives, we will take legal action when and where necessary.”