Fines and prosecutions Landlord wins appeal over HMO prosecution


CYRIL THOMAS, who was prosecuted for a series of breaches relating to a house in multiple occupation (HMO), has now won an appeal against Colchester Borough Council in the case.


Last December, Mr Thomas


– director of Platinum Crown Investments – was found guilty of nine breaches of HMO regulations, after being prosecuted by Colchester Borough Council in relation to an HMO inspected in December 2015. This arose from a tenant’s complaint that they and five others had been ‘left without power, light or heat’ for a weekend that November.


An inspection found issues


that ‘increased the risk of fire’ and, at the time, Mr Thomas was considering an appeal over ‘the way in which the council chose to act’. This August, he was ‘acquitted of all nine housing charges’, with defence barrister Archie Maddan having ‘pointed out several issues’. These included that ‘one of the


alleged charges failed to state what Mr Thomas was actually being convicted for’, and that ‘several of the alleged charges did not occur on the date’ an


fire escapes ‘despite written warnings’.


He added: ‘Naturally I'm


delighted that Chelmsford Crown Court has decided to dismiss all 9 charges brought against me by a few individuals within the council. It has been a costly, emotionally draining, and time consuming process for all involved. The judge stated that all charges were to be dismissed due to insufficient evidence from the council. ‘One of the main reasons why


officer had claimed they had, with judges not confirming that these were offences ‘that warranted a charge’ and ordering a full refund of £20,000 to be paid. Mr Thomas stated that ‘the


main reason for the dismissal was the fact that the council never had sufficient evidence to prosecute me in my personal name from the beginning, but for whatever reason still decided to push the case forward’. Mr Maddan also identified ‘at least three’ of the offences were due to ‘tenant negligence’, including removing light bulbs from communal areas and leaving bicycles in communal


I was able to successfully defend myself was that over the last several years I had invested significantly in bespoke software systems that enabled me to provide the necessary evidence when required. It is important for property managers and landlords to invest in systems that help them to stay on top of all the legal requirements that are now in place. ‘The outcome of this case gives


rise to questions surrounding the processes that were followed which led to CBC reaching a decision to attempt to place criminal convictions against me. For this reason, certain individuals may still have a case to answer to. I am currently taking advice on this matter.’


Pub fined for ‘serious’ fire safety issues


THE COMPANY operating The Wizard pub in Nether Alderley, Cheshire, has been prosecuted for ‘failing to put in place adequate fire safety measures’. Alderley Edge reported on the


prosecution of Bispham Green Brewery Company Ltd after a fire at the pub in August 2016. A staff member reported the fire and crews attended, discovering it had taken hold in the kitchen – while the member of staff had managed to escape, they had experienced ‘difficulty in doing so, having to return to the first floor on two occasions to retrieve the keys to locked fire exits’. Crews attending the incident


extinguished the fire, but noted a range of fire safety issues at the site, with a prohibition notice issued by


Cheshire Fire and Rescue Service’s (CFRS’) fire safety enforcement officers ‘to prevent anyone from living or sleeping at the premises’. This was in effect until ‘health and safety controls had been put in place’, and CFRS also undertook a post fire inspection of the pub. During this inspection, the


‘severity of the shortfalls’ was established, including locked fire escapes, ‘inadequate’ fire separation between floors, and no fire alarm system in staff living quarters. The company was prosecuted at South Cheshire Magistrates’ Court in August 2018, and it admitted failing to comply with the Regulatory Reform (Fire Safety) Order 2005, with managing director


Martin Ainscough appearing on the company’s behalf. District Judge Nicholas


Sanders ordered the company to pay £4,250 for each of the nine offences it had pleaded guilty to, as well as a victim surcharge of £170, for a total fine of £8,240 that ‘must be paid within 12 months’. CFRS was also awarded full costs of £3,453, with Judge Sanders summarising by noting that ‘the lack of appropriate fire safety measures created a serious risk of harm’, and a ‘dangerous cocktail in the event of a fire’. In addition, he pointed to the risk posed to life during the fire, commenting that the staff member present ‘was lucky to have been awake at the time’


www.frmjournal.com NOVEMBER 2018 13


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