NEWS


Fines and prosecutions Essex restaurateur prosecuted over fire safety


RAZVAN BOCA was prosecuted by Essex Fire and Rescue Service (EFRS) over a number of breaches. EFRS reported on the


prosecution of Mr Boca, who was taken to court for a ‘failure to comply’ with a prohibition notice issued under the Regulatory Reform (Fire Safety) Order 2005, which had banned use of the upper floors of the Zani restaurant in Tilbury ‘being used for sleeping or resting due to no effective escape route’. In May 2016 someone was


discovered sleeping in the premises, despite the prohibition


concurrently’, and was also fined £1,000. He was also ordered to pay an £80 victim surcharge, and costs were awarded to EFRS. Mark Earwicker, head of


notice, with ‘more evidence found a week later’ that others were still sleeping there. At court, he was given a two month prison sentence for each count, suspended for two years ‘to run


technical fire safety at EFRS, commented: ‘It’s unbelievable that Mr Boca would put the safety of these people at risk. In spite of our warnings and prohibition notice, Mr Boca continued to rent out the space above his restaurant for people to sleep [in]. We do everything we can do advise and support businesses with fire safety, but we will not hesitate to prosecute if our advice is ignored.’


Gloucester bedsit owner sentenced


MOYNUL ISLAM was prosecuted over ‘serious breaches’ of fire safety legislation at the Ryecroft Street bedsit.


Gloucestershire County Council


reported on the prosecution, coming after an inspection in July 2016 by fire safety enforcement officers. They found ‘unauthorised sleeping accommodation for tenants had been provided’ on the ground, first and second floors, while a fire alarm system had not been provided and ‘structural fire precautions were insufficient to allow safe escape in the event of a fire’. This inspection found that the


breaches of fire safety law ‘were so serious that death or serious injury would be likely in the event of fire’, which resulted in the entire premises ‘being banned from use’ via a prohibition notice. Further follow up inspections found this notice was ‘being breached’, and that tenants ‘were still living on the premises’. Among the breaches were: a


failure to comply with the prohibition notice; no fire resistance between floors; bedroom doors on the first and second floors not having fire resistance; a kitchen being situated on the first floor escape route; no provision of emergency lighting or fire or smoke alarm detectors; no fire risk assessment; no provision of fire safety information for tenants; no fixed wiring electrical test; a failure to ‘respond


to a request for information’; and obstructed fire exits. Mr Islam appeared at Gloucester


Crown Court for his prosecution, and pleaded guilty to all of the listed breaches. After hearing evidence from Gloucestershire Fire and Rescue Service (GFRS) station manager and fire safety enforcement manager Graham Parker, the court found that the premises were a ‘fire disaster waiting to happen’, with ‘squalid living conditions’ in the ‘death trap’ property. It also found that there had been a ‘flagrant disregard of the law’, with a ‘very high risk of death’ should a fire have occurred. These breaches were ‘so serious that only a custodial sentence was appropriate’, with Mr Islam sentenced to 12 months imprisonment, which was suspended for 18 months, and fined £600 for failing to comply with an article 27 notice. In turn, full costs of £2,469 were awarded to GFRS as the prosecuting authority, and a victim surcharge of £140 was handed down.


10 DECEMBER 2017/JANUARY 2018 www.frmjournal.com


Nigel Moor, cabinet member


for fire, planning and infrastructure, stated: ‘Fire safety law is there to help keep people safe. We always prefer a supportive and cooperative approach to ensure owners comply but sometimes legal action is the only option left. This prosecution sends a strong message – we will not stand for owners failing to comply with fire safety laws.’ Stewart Edgar, chief fire officer


at GFRS, hoped ‘this would act as a deterrent to all those who risk the lives of others by failing to comply with legislation which has been developed with people’s safety in mind. My firefighters and officers work extremely hard to prevent fires and other emergencies from occurring in the first place. ‘Part of that prevention agenda


is to ensure that those who are responsible for the safety and well being of others comply with the law and keep everyone safe’


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