NEWS
Fines and prosecutions Nightclub fined over fire safety risks
THE MOKO Lounge in Harrogate was fined more than £21,000 after a customer’s hair caught fire, with the use of candles in the club found to have not been risk assessed. North Yorkshire Fire and Rescue
Service (NYFRS) reported on the prosecution after the female customer’s hair caught fire in February 2018, which led to the visit of a fire safety inspector. During the investigation, it was found that the woman’s hair had been ‘ignited by a lit candle placed on a table’ and that her hair was on fire for 12 seconds, causing her to suffer burns to her face and neck. The investigation also revealed that the use of candles ‘had not been risk assessed’, and that there were ‘no defined control measures to protect persons from a naked flame’. The prosecution was against Moko Lounge Ltd, the company that had control of fire safety arrangements at the club. At court, the magistrate was
‘surprised’ that the company ‘had not removed the candles’, and that further regulatory restrictions were required by NYFRS ‘to remove them from use’. The company was said to have ‘not followed its own policy and reviewed the fire safety risk assessment every 12 months’.
protect the public and staff were put in place.’ Harewood Group, which
As a consequence, it was fined £21,962, inclusive of costs. NYFRS stated it would ‘like to
remind business owners that it is important that they are aware of the legislative requirements they need to comply with’, including having a ‘suitable and sufficient’ fire risk assessment. Group manager Dave
Winspear added: ‘We brought this prosecution against Moko Lounge Ltd because we were of the view that this unfortunate incident was both foreseeable and avoidable. Despite there being a risk assessment in place it had not referenced the presence of candles being used in the nightclub and therefore no control measures to
owns the nightclub, sent out a statement: ‘The Directors of Harewood Group have always taken our responsibilities very seriously which is evidenced by our exemplary 30 years’ track record across many venues nationally and having hosted more than 1 million customers at Moko alone over its 15 years of trading. ‘We acknowledge the judgment of the court today and appreciate the magistrates’ acknowledgement of our track record, and the fact that this infringement was very limited in extent and a one off issue. Although the lady injured suffered very minor burns from a tea light contained in a jam jar, one 0.5cm x 0.5cm and one 1.5cm x 0.5cm, that only required cream applying, we are very disturbed at, and regret, any injury within our premises and we acted immediately to ensure this event could never recur. ‘We will continue to put
our customers’ welfare at the centre of our focus in providing entertainment for the people of Harrogate.’
‘Repeated negligence’ results in £37,000 fine
OMAR PATEL was prosecuted by Southwark Council over nine houses in multiple occupation (HMOs) in Rotherhithe, some of which lacked fire safety measures. Letting Agent Today reported
on the prosecution of Mr Patel, with the nine properties owned and managed by the companies of which he is director, Let Share Ltd and Live Work Study London Ltd.
The properties were described
as having been built in the past four decades and looking 'very nice’, but they ‘variously lacked’ fire, heat and smoke detectors, as well as ‘secure’ fire doors and protected escape routes. In turn,
Mr Patel’s ‘repeated negligence’ was ‘particularly trouble[some]’, the council noted, adding that ‘his previous convictions in Newham make it clear that he knowingly endangered the lives of his tenants’.
As a consequence of this,
Camberwell Green Magistrates’ Court sentenced Mr Patel to pay costs and fines of £18,117 for offences concerning seven properties earlier this year, while a recent sentencing relating to two other properties saw him fined £19,162. District Judge Ezzat expressed disbelief at the ‘scale of negligent profiteering’ by Mr Patel, whose
16 OCTOBER 2019
www.frmjournal.com
total costs and fines for the two sentences add up to £37,279. Victoria Mills, cabinet member
for finance, performance and Brexit, commented: ‘[Southwark] council takes fire safety extremely seriously and our council homes are fire risk assessed and maintained to the highest standard. ‘I hope that this result ensures that all landlords make sure that their properties are properly maintained and that all fire protection equipment is present and functioning. I would also encourage anyone who lives in an HMO to let us know if they suspect that fire protection isn’t up to scratch.’
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