Case Studies

Suspended sentence for pub landlord who flouted safety rules

‘Serious deficiencies’ found

A landlord has been handed an 8-month suspended prison sentence after his Dorset pub failed to meet fire safety regulations.

The owners of Dusthole Co Ltd were also fined £30,000 and ordered to pay £5000 in costs after pleading guilty to four offences under the Regulatory Reform (Fire Safety) Order 2005.

As well as his suspended sentence, Mr Anthony Cockayne, the sole director of the company, was also given ordered to pay £2000 in costs and a victim surcharge of £140 when he appeared before Bristol Crown Court.

The offences related to a number of failures in the fire safety standards identified by officers of Devon and Somerset Fire and Rescue Service (DSFRS) in 2016.

The premises, also known as The Kings Arms, advertises as a hotel pub and restaurant. The inspection revealed:

  • The fire detection and warning system fell far short of the standard expected in a premises providing sleeping accommodation;
  • On two separate occasions, officers found the fire detection and warning system inoperative as the fuse had been removed;
  • The escape routes serving the sleeping accommodation were not adequately protected by fire resisting construction
  • An original staircase had been sealed removing an alternative escape route from the first floor
  • There was a lack of emergency escape lighting
  • Self-closing devices had been disconnected from fire doors

 

Due to the number of serious deficiencies found the officers served a Prohibition Notice preventing the use of the premises in respect of its sleeping accommodation until adequate fire safety measures were provided.

The subsequent investigation by DSFRS revealed that Mr Cockayne had carried out several alterations to the premises, increasing the number of bedrooms. However, he had failed to review the fire safety provisions and take account of the changes.

In summing up His Honour Judge Townsend said: “These are serious breaches of the Fire Safety Order”, adding “there was a disregard (for fire safety) over a long period of time”.

Original source

Dorset and Somerset Fire and Rescue

Pub company fined for multiple fire-safety breaches

A pub management company has been convicted of breaching fire safety law by North Wiltshire magistrates.

Sitting on 9 February, the magistrates fined Publicana Ltd £5000 for each of four offences under the Regulatory Reform (Fire Safety) Order 2005. In light of the company’s early guilty plea, however, the total fine was reduced to £15,000. Publicana was also ordered to pay the prosecution’s costs.

The offences came to light after Wiltshire Fire & Rescue Service attended an incident at the Little George pub in New Road, Chippenham on 5 October 2008.

An investigation by officers from the Service’s technical fire safety department discovered that fire doors and fire exits had been screwed shut, or left propped open, escape routes were obstructed, and fire-protection systems had not been maintained. Consequently, Publicana Ltd — as the tenant at that time — was charged with failing to carry out or record a fire risk assessment, and failure to have effective protection policies and prevention measures in place.

It was also charged with failing to provide suitable and sufficient information for the licensee it had contracted to run the pub on its behalf. Separate charges are being pursued against this individual in connection with the case.

Group manager of Wiltshire Fire & Rescue Service’s technical fire safety department, Julian Parsons, said: “It is rare for a fire and rescue service to undertake prosecutions but, on this occasion, the offences were so severe we felt it was in the public interest to pursue charges.

“What this case has shown very clearly is that management companies always have a duty to ensure that public safety is not compromised, even if they have sub-contracted someone to act as licensee.”

He added: “Since these offences came to light, the Little George pub has changed management, and subsequent inspections have shown that the issues highlighted by this case have been addressed. In addition, Publicana Ltd, which was cooperative throughout the investigation, has introduced stringent new management procedures to ensure that something like this does not happen again in premises it is responsible for.”

 Published: Thursday, 02nd February 2017Oldham Council has successfully prosecuted the former landlord of a Sholver pub after an inspection found the premises were dirty.

The case was brought against Philip Elton after Environmental Health officers visited the Northgate, Sholver Lane, on November 12, 2015.

During their visit officers found the flooring throughout the kitchen was dirty and spillages had not been cleaned up.

There was old food debris and grease around the kitchen floor wall junctions and the equipment sinks and taps were dirty and contained old dirty equipment in stagnant water.

The fridge and freezer seals were engrained with dirt and shelving throughout the premises was greasy and stained.

The fryer was coated in layers of grease and cigarette ends were found discarded in a bowl in the kitchen and on a window sill.

There was no soap or materials for hygienic hand drying available at the kitchen wash hand basin and there was no adequate provision for the storage and disposal of food waste.

On February 1 Elton pleaded guilty to breaching five food hygiene laws at Tameside Magistrates’ Court.

Elton, who no longer runs the pub, was fined a total of £1,600 and ordered to pay costs of £2,050 with a victim surcharge of £32.

The chairman of the bench stated in court that they were serious offences.

After the first inspection a follow up visit by officers found standards had improved.

After a further unannounced inspection in April the pub’s rating was increased from a 0 to a 3 – ‘generally satisfactory’.

Councillor Barbara Brownridge, Cabinet Member for Neighbourhoods and Co-operatives, said: “Oldham Council takes matters like this very seriously and we are committed to ensuring there are no serious lapses in food hygiene in premises across the borough.

“We will not hesitate to take action in cases like these to protect the health and safety of our residents.

“Business owners who run establishments that serve food must comply with the law or be prepared to face prosecution.”