Derbyshire restaurant manager's suspended jail sentence for fire safety order breaches

A restaurant boss who admitted four fire safety order breaches has been given a suspended jail sentence and ordered to pay £5,000 costs.

Wednesday, 18th March 2020, 10:17 am
Derby Crown Court

Syed Hussain, manager of an Indian restaurant at 129 Dale Road, Matlock, was sentenced to 12 months custody suspended for two years and ordered to carry out 200 hours community service at Derby Crown Court.

Firefighters carrying out risk assessments in the area in August 2018 identified faults on the fire alarm system at the property.

A subsequent safety audit identified the fire alarm was not functioning, and that sleeping accommodation was provided on the upper floors. This discovery led to enforcement notices being served on both Hussain and the owners of the building, all from Normanton, Derby.

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The fire and rescue service made numerous attempts to contact all involved parties but letters were ignored, or unanswered.

A further site visit by fire inspectors found people still sleeping on the premises with the items identified within the enforcement notice still outstanding. A prohibition notice was served on Hussain in April 2019 - which was subsequently contravened as workers continued to sleep on the premises.

The fire authority took the decision to formally prosecute Hussain for the deficiencies and he was charged with four breaches of the Regulatory Reform (Fire Safety) Order 2005.

Derbyshire Fire & Rescue Service group manager Steve Wells said: “Had a fire occurred in this building, the lack of a fire alarm meant the people sleeping upstairs would have had insufficient warning to get out.

“Providers of any form of sleeping accommodation, including flats, bedsits and houses in multiple occupation, must accept that they have a responsibility to ensure that the accommodation they provide has a suitable and sufficient fire risk assessment in place. They have a responsibility to ensure the measures provided for safety, including fire doors, fire alarms and smoke detectors are maintained to a suitable standard. Escape routes must not be allowed to be used as storage, or places for waste disposal.”

Premises known to provide sleeping accommodation are regularly inspected for fire safety compliance by Derbyshire Fire & Rescue Service, the majority of which are well managed, maintained and compliant with current fire safety regulations.

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