Landlord and property company prosecuted for “serious” fire safety breaches

At Preston Crown Court (pictured) on 28 September, Jamie Carter and JC Land Investments Limited were sentenced following convictions for multiple breaches of the Regulatory Reform (Fire Safety) Order 2005.

Carter pleaded guilty to 11 offences, while JC Land Investments Limited pleaded guilty to nine offences relating to fire safety failures at Belgrave Chapel in Darwen and Victoria Hall in Bacup.

Fire safety officers from Lancashire Fire and Rescue Service inspected the Victoria Hall premises back in October 2021 and identified significant fire safety deficiencies. An Enforcement Notice was subsequently issued. Four weeks later, a Prohibition Notice was issued at Belgrave Chapel after further serious safety concerns were identified.

Both premises were occupied at the time of the inspections, with deficiencies noted that could have prevented residents from escaping quickly and safely in the event of a fire.

The offences included failures to:

*take adequate fire safety precautions to protect tenants

*carry out suitable and sufficient fire risk assessments

*provide and maintain appropriate fire detection and alarm systems

*ensure occupants could evacuate the premises safely

*maintain effective fire evacuation procedures

*comply with Enforcement and Prohibition Notices

*implement effective fire safety management arrangements

Examples of the deficiencies identified by fire safety officers included obstructed escape routes, damaged fire doors, missing fire-resisting glazing, inadequate fire detection measures and fire alarm systems that were either switched off or without power.

Guilty pleas entered

As a result of the investigation, Lancashire Fire and Rescue Service prosecuted both Carter and JC Land Investments Limited for failing to comply with the Fire Safety Order and the associated enforcement action taken by the Fire and Rescue Service.

Carter entered guilty pleas in August last year and was sentenced to 12 months’ imprisonment, suspended for 12 months. He was also fined £8,652 and ordered to pay a victim surcharge of £156.

JC Land Investments Limited was fined £200,000 and ordered to pay a victim surcharge of £190.

In addition, Carter and JC Land Investments Limited were ordered to pay a combined total of £37,293.70 in costs to Lancashire Fire and Rescue Service.

Legal obligation

Ian Armistead, Group manager for protection at Lancashire Fire and Rescue Service, said: “As the ‘Responsible Person’ for these premises and as the sole director of JC Land Investments Limited, Jamie Carter has a legal obligation to ensure that those using the premises are provided with a safe environment. We hope this prosecution reinforces the importance of maintaining properties in accordance with fire safety legislation and the standards required by law.”

Armistead continued: “As part of our ongoing commitment to making Lancashire safer, our fire safety enforcement teams continue to identify and address premises that present significant fire safety risks. We hope this case, which has resulted in a substantial sentence, sends a strong message that fire safety must remain a priority at all times. In this instance, inadequate fire safety measures and poor management had the potential to lead to serious injury or loss of life, leaving us with no alternative but to pursue enforcement action.”

Further, Armistead noted: “Lancashire Fire and Rescue Service remains committed to working with those who are willing to address fire safety concerns. Businesses can be confident that we will continue to provide support to help them meet the requirements of the Fire Safety Order.”

In conclusion, Armistead stated: “We would encourage ‘Responsible Persons’ with fire safety responsibilities to review the fire safety arrangements for their premises and ensure they comply with all relevant regulations.”

*Further information is available online at www.lancsfirerescue.org.uk