Fines and prosecutions Hotel owners prosecuted over fire safety issues


TWO OWNERS of a Torquay hotel received suspended sentences after being prosecuted over a number of fire safety failures. Devon and Somerset Fire and Rescue Service (DSFRS) reported on the prosecution of Bashir Rana and Veena Bahl, both directors of The Sherwood Palm Hotel Ltd, a company owning the four storey, 64 bedroom hotel in Torquay. When the hotel was inspected in September 2016 by DSFRS, officers found that it lacked ‘an appropriate fire detection and warning system’ and appropriate fire doors, while ‘poor management’ allowed the fire doors installed ‘to be wedged open’. Other failings included a


‘badly corroded’ external staircase, escape routes ‘compromised by the storage of mattresses’, and a lack of ‘suitable control measures in relation [to] refurbishment works’. As a consequence, and ‘due to the number of deficiencies found and the level of risk to which staff and


THE LANDLORD in Grimsby, Lincolnshire, was prosecuted over a failure to ‘meet some of the basic fire safety standards’ for a house in multiple occupation (HMO). Grimsby Telegraph reported


on the prosecution of Anthony Hughes, whose property in the town was rented out as an HMO and breached ‘a number of regulations’. His case is the ‘latest in a string of cases pursued’ by North East Lincolnshire Council’s housing enforcement team, in what it calls a ‘sustained campaign’ for improving housing standards. Enforcement officers from the


council’s regeneration partner ENGIE and Humberside Fire and Rescue Service inspected the HMO, and found that the property had ‘failed to meet some of the basic fire safety standards’ and ‘breached a number of safety regulations’. These included ‘inadequate fire alarms’ for an HMO and ‘no evidence that they had been tested’, as well as ‘insufficient’ fire protection for escape routes.


guests were exposed’, the hotel received a prohibition order, with a subsequent investigation finding that Mr Rana and Mrs Bahl had ‘ignored concerns’ laid out in two previous fire risk assessments. They had also ignored a notification from an alarm engineer in 2013 ‘advising them that the fire alarm system was not up to current or acceptable standards’. At Exeter Crown Court, the two pleaded guilty to three offences under the Regulatory Reform (Fire Safety) Order 2005, and were sentenced to four months in prison, suspended for 12 months. Their company was also fined £40,000, with full costs of £10,165 awarded to DSFRS. The judge, summing up,


commented: ‘I acknowledge there was not a complete failure as some work was done, and there was some servicing of fire safety equipment. However, the fire safety provisions fell far short of the recognised standards in so many ways,


despite being made aware of the deficiencies and it was allowed to persist over a long period of time.’ DSFRS business safety manager


Paul Bray added: ‘Mr Rana and Mrs Bahl, being directors of the company, were responsible for fire safety at the premises and the safety of their guests. They understood the need for a fire risk assessment, yet failed to prioritise the works and implement suitable control measures to ensure the premises was safe when occupied. Their actions showed a disregard for the law and the lives of those who trusted them to keep them safe. ‘Had there been a fire,


residents and staff would have been at serious risk of death or injury as a result of the poor fire safety standards and management. The severity of the fines imposed by the court shows that those responsible for the safety of others cannot ignore their responsibilities.’


HMO owner fined for ‘dangerous’ fire breaches


Fire doors on escape routes ‘had no intumescent strips, smoke seals or door closers’, while there was no emergency lighting for communal areas, and no emergency contact details for the manager or owner of the property. At Grimsby Magistrates’ Court, Mr Hughes pleaded guilty to five offences under the Housing Act, and was fined £750 plus additional costs of £787 and a victim surcharge of £75, for a total fine of £1,612. Peter Wheatley, who is council portfolio holder for housing, stated:


‘This is a great result and follows a significant piece of work that we have undertaken to show that we will pursue landlords that do not follow the law. We want to work with landlords to ensure that they are on the right side of the law. If landlords are unsure of what they should be providing for their tenants, they can contact our housing team for more information. ‘A number of local landlords and home-owners rent out rooms in their properties to individuals without realising that this could change the use of the property to a[n] HMO. These properties may require additional fire precautions such as interlinked fire alarms, fire doors and emergency lighting. From October this year, all HMOs and shared houses with five or more unrelated people living in them will require a mandatory licence from the Council. ‘All residents need to be aware


that even if you live in a property and rent out rooms to friends and colleagues you could fall foul of the HMO legislation.’


www.frmjournal.com OCTOBER 2018 15


NEWS


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