Weighing up the law Laura Page explains
arson’s potential effects on businesses, and details of the offence
businesses, finding the results surprising: in some regions, it is quite an issue. I’m sure many business owners in affected areas are risk aware, but it might help those less aware consider mitigating steps. In September 2017, attacks in Hull had increased
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by 80% in the preceding three months; in December in Norwich, 20 fires were reported in three months; and three small businesses in Bradford saw devastation from suspected arson that same month. No injuries were reported, but three Bradford business owners were left dealing with financial consequences. Whilst customers would, I’m sure, understand,
there is a monumental undertaking in rehousing a business: replacing stock or equipment, dealing with upset employees, and communicating with customers when all equipment and information may have been destroyed. All of this must be done before any insurance
payment comes through, plus likely increased insurance premiums after a significant claim. There is often sentimental value attached to business properties, and even more so for small businesses where individuals work hard building up companies, and where buildings represent achievements. Stop Arson UK states that 47% of fires attended in England in 2016-17 were deliberate – an 11% increase since 2014. They estimate the annual cost of arson at around £1.45bn, while fire services attended approximately 7,000 fires in one year, not involving dwellings or cars. So what is arson – the criminal offence? In order
to prosecute an individual, the prosecution would need to show that without a lawful excuse, someone destroys or damages property belonging to themselves or another, either with the direct intention to destroy or damage, or being reckless as to whether this would happen.
18 FEBRUARY 2018
www.frmjournal.com
HIS NEW year I thought I’d take a slightly different approach, and consider the criminal offence of arson. I looked into how often it affects
The maximum sentence is life imprisonment. A person can also be charged if they meet other aspects and damage or destroy their own property. It is easy to imagine public interest here: if I decide to burn my own property for fun, this could lead to huge public costs fighting the fire and dealing with environmental damage, as well as distress or health damage caused to the public. It also means arson is possible where someone
has set fire to their own property for a fraudulent insurance claim. This was the case in R v Kaur (2012), where a shop owner instructed two people to burn down her shop in the hope of making a claim to pay off debts. She was sentenced to four years’ imprisonment, and her husband to one. In 2012 a pub owner arranged an attack
on a rival pub, causing £750,000 of damage for the uninsured victim. The various defendants were sentenced to between four and eight years’ imprisonment, and it is not hard to imagine the consequences for the uninsured owner. So what can be done to mitigate risks? Some suggestions include: • having a strict business closedown procedure, ensuring doors are securely locked and alarms are switched on
• ensuring no accumulation of waste or rubbish inside or outside, managing waste levels, and keeping it in lockable areas
•
installing internal letterbox attachments and communicating with local businesses, so if there is a problem locally you will know
• communicating with staff about the risks and the reasons why any procedures are important to follow
• ensuring insurance is in order, so that if the worst does happen you can access financial assistance to cover the costs
Laura Page is a solicitor in the health and safety team at Pinsent Masons
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