Polish Inn Prosecution
19/01/12
Premises Licence Holder Sentenced To 3 Months Imprisonment Suspended For 2 Years For Fire Safety Failures
Business owners across the county are being advised to pay attention to their legal obligations to keep staff, customers and premises safe from fire, after a Derby businessman was convicted for breaches to Fire Safety legislation at his premises, the Polish Inn on Normanton Road, Derby.
Local businessman and the premises licence holder, Mr Twana Ali Fatah was sentenced to 3 months imprisonment suspended for 2 years, with a 28 day residence requirement and ordered to pay cost of £10,000 by Nottingham Crown Court after pleading guilty to a series of breaches of Fire Safety requirements at the Polish Inn.
Sentencing Mr Fatah, His Honour Judge Harrison said that there were lamentable failures at the premises and that it could not be stressed strongly enough for licensees, that they have a responsibility to ensure before premises are open to the public, that risk assessments and emergency lighting are in place and that fire exits are kept clear. The Judge stated that all the matters were serious and warranted immediate custody, but considering the specific mitigation was able to suspend the sentence.
Following a Fire Safety Audit a Fire Protection Officer from Derbyshire Fire & Rescue Service (DFRS) visited the premises and identified a number of breaches, including the lack of a fire risk assessment, locked and obstructed fire exits, and the lack of any fire detection system to warn occupants of any fire. The premises were open to the general public at the time of the inspection, but were closed immediately following the audit.
The Polish Inn is no longer managed by Mr Fatah.
Today, Derbyshire Fire & Rescue Service is reminding all owners and occupiers of buildings of their legal responsibility to protect their staff and customers against the risk of fire, and warning that they will take action against anyone found to be in breach Fire Safety regulations and where they fail to comply with any statutory notices issued.
Sean Wells, Group Manager at Derbyshire Fire & Rescue Service, said: "We are here to advise and give support to local businesses and are always willing to help make sure they comply with Fire Safety legislation. However, the public should continue to be reassured that we take any breaches of Fire Safety very seriously and will use legal sanctions where necessary.
In this case it is disappointing that Mr Fatah chose to place people at risk from fire. The absence of a Fire Risk Assessment, locked fire exits and lack of a fire detection system are particularly bad aspects of this case.
Fire safety advice and guidance upon all types of premises is available at the CLG website: http://www.communities.gov.uk/fire/firesafety/firesafetylaw/
Further fire safety advice is available in our Business Safety Section
You can download a copy of this press release below.
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NOTES TO NEWS DESKS
The specific charges to which Mr Fatah pleaded guilty are:
- Failing to make a suitable and sufficient risk assessment contrary to Articles 9(1) and 32(1)(a) of the Regulatory Reform (Fire Safety) Order 2005, in that there was no fire risk assessment for the premises.
- Failing to ensure an effective means of escape, contrary to Articles 14(1) and 32(1)(a) of the Regulatory Reform (Fire Safety) Order 2005 in that exit routes were obstructed.
- Failing to ensure an effective means of escape, contrary to Articles 14(2)(f) and 32(1)(a) of the Regulatory Reform (Fire Safety) Order 2005 in that a fire door was locked and could not be easily and immediately opened.
- Failing to ensure an effective means of escape, contrary to Articles 14(2)(b) and 32(1)(a) of the Regulatory Reform (Fire Safety) Order 2005 in that an exit route was compromised by a trip hazard.
- Failing to ensure that the premises were equipped with appropriate fire detectors and alarms, contrary to Articles 13(1)(a), and 32(1)(a) of the Regulatory Reform (Fire Safety) Order 2005, in that there was no fire detection at the premises.
- Failing to ensure that any relevant facilities, equipment and devices, were subject to a suitable system of maintenance, contrary to Articles 17(1) and 32(1)(a) of the Regulatory Reform (Fire Safety) Order 2005, in that the emergency lighting at the premises was not subject to a suitable system of maintenance.
