Fines and prosecutions Shop proprietor pleads guilty to fire safety failures


SURESH SIVARASA, who owns the Premier branch in Cullompton, received a fine of £2,133 after a prosecution by Devon and Somerset Fire and Rescue Service (DSFRS). The service stated that the


Premier shop, formerly a Cost Cutter outlet, had received an inspection from DSFRS officers in June 2016 after fire safety concerns had been raised by a local licensing officer. The inspection, undertaken by DSFRS business safety officers, found a ‘number of deficiencies’, including a ‘lack of emergency escape lighting’, as well as a lack of a ‘suitable alternative fire exit’, an ‘inadequate’ fire detection and warning system’, and breaches in fire separation with the accommodation above. An emergency prohibition


order was served by DSFRS, but withdrawn the following day after a temporary interlinked fire alarm system was installed, though Mr Sivarasa was issued with an enforcement notice ‘specifying


ST MICHAELS Hospice, in St Leonards, East Sussex, had previously admitted fire safety breaches after the deaths of three residents in the 2015 blaze. The fire on 11 July 2015 was


NEWS


the works required to bring the premises up to the required standard and a timescale in which to complete it’. Despite this, a reinspection


in February 2017 found that the fire separation issues ‘had not been addressed, despite being given an extension of time’. At Exeter Magistrates’ Court, Mr Sivarasa pleaded guilty to breaching Article 30 of the Regulatory Reform (Fire Safety) Order 2005, and was fined £2,133 and ordered to pay £3,668 in costs alongside a victim surcharge of £170. DSFRS stated in response


that it recognises ‘that the effectiveness of the legislation


depends upon the compliance of those regulated and most businesses and individuals do comply with the law’. Its business safety officers ‘will assist and advise wherever possible while taking firm and appropriate action against those who flout the law’, as ‘good fire safety management saves lives and protects property’. Paul Bray, business safety manager at DSFRS, added: ‘Failing to comply with an enforcement notice is a serious matter. The prosecution could have easily been avoided by appointing a competent person to carry out the remedial works required by the notice.’


Hospice receives fine for serious breaches after fatal fire event’ and the main fire exit door having been locked. Before the sentencing, court


Judge Christine Henson


started by terminally ill patient Rodney Smith, who was charged with arson but died in jail before his trial, while three other residents – Pearl Spencer, Jill Moon and David Denness – died in hospital after suffering smoke inhalation. Another 23 patients and nine members of staff were forced to evacuate, and the case was brought against the hospice by East Sussex Fire Authority. At Hove Crown Court in March, the hospice pleaded not guilty to 11 other indictments, which was accepted by the court. BBC News has now reported that the hospice was fined £250,000 for ‘woefully inadequate’ safety measures, with staff ‘ill-trained to deal with such an


prosecutor Sailesh Mehta said that it was clear that staff had ‘no appropriate training for the evacuation of residents’, and that there were ‘holes in the ceilings’ that allowed smoke to spread, while locked exit doors ‘could not be readily opened’. The main fire exit was locked,


with ‘no proper evacuation training for staff’, and nurses were ‘in a state of panic’, trying to stop the fire with towels. Some patients had to be ‘put on a small filing cabinet to wheel them along as there were not enough wheelchairs available’. The hospice defended itself by stating it was unaware of defects ‘ruthlessly exposed’ by the fire, and accepted ‘blameworthiness for failing to make the premises as safe as it should have been’.


‘slammed’ the hospice’s safety measures, and alongside the fine, ordered it to pay £165,000 in costs. Managers admitted two fire safety breaches,and their denial of the 11 other indictments was accepted by the court. It would pay the fine from reserves and costs ‘from elsewhere’, with the final amount reduced by 30% by the court due to the hospice’s charitable status. In a statement, chair Irene Dibben and chief executive Karen Clarke commented: ‘We remain truly sorry for the pain and anguish caused by the fire. We also share the pain of our own staff and volunteers, many of whom are still coming to terms with the full devastation of the fire. We need to decide as an organisation the best way to settle the fine. In light of this, there will be no further comment at this stage.’


www.frmjournal.com MAY 2018 13


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