Property company and sole director prosecuted by East Sussex Fire and Rescue Service

The prosecution relates to premises located at York Gardens in Hastings, which form part of the Queens Arcade, and follows on from an investigation by East Sussex Fire and Rescue Service officers focused on fire safety arrangements at the premises.

As part of the investigation, an authorised fire safety inspector exercised statutory powers under Article 27 of the Regulatory Reform (Fire Safety) Order 2005. Where necessary for the purpose of enforcing the Fire Safety Order, these powers enable authorised inspectors to enter and inspect premises, make enquiries and require the production of relevant information and documents.  

Brighton and Hove Magistrates’ Court heard that Ahudja, as the sole director of J&R Real Estate (the freeholder for the premises), failed, without reasonable excuse, to provide documents and information required by an authorised inspector in connection with the investigation.  

Following the investigation, J&R Real Estate and Ahudja were charged with offences under Article 32(2)(e) and Article 32(8) of the Regulatory Reform (Fire Safety) Order 2005.

Guilty verdict

At Brighton and Hove Magistrates’ Court on 6 October, J&R Real Estate and Ahudja were found guilty of the offences. The case has been adjourned for sentencing, which is due to take place on 8 November.

George O’Reilly, assistant director for risk reduction at East Sussex Fire and Rescue Service, said: “Fire safety legislation is there to protect people from the potentially devastating consequences of fire. Our authorised inspectors have statutory powers, which enable them to obtain the information and evidence necessary to determine whether premises are being managed safely and whether those responsible are complying with their legal duties.”  

O’Reilly continued: “We will always seek to work constructively with businesses and ‘Responsible Persons’ to help them understand and meet their fire safety responsibilities. However, those responsible for premises must co-operate with our inspectors and comply with lawful requirements made as part of an investigation. Where they fail to do so, we will not hesitate to consider appropriate enforcement action.”

In conclusion, O’Reilly noted: “This successful prosecution demonstrates that East Sussex Fire and Rescue Service will use the enforcement powers available to us where necessary to uphold fire safety standards and protect the public.”

Legal duty  

East Sussex Fire and Rescue Service is reminding businesses, building owners and those responsible for premises that they have a legal duty to both understand and,, subsequently comply with their responsibilities under the Regulatory Reform (Fire Safety) Order 2005.  

All ‘Responsible Persons’ should ensure appropriate fire safety arrangements are in place at their premises and co-operate fully with authorised fire safety inspectors carrying out their statutory duties.

*Further information is available online at www.esfrs.org