Successful Prosecution for Breach of Fire Safety Legislation

03/03/2009

On 19th February 2009, Fred Weilem Fan (58) of Great Cheetham Street East, Broughton, appeared before Salford Magistrates Court for sentencing. Mr Fan had been found guilty at an earlier trial on 22nd January 2009, of failing to comply with a prohibition notice under Fire Safety legislation served on premises under his control*, by Greater Manchester Fire and Rescue Authority. He had previously pleaded guilty to a separate charge of giving false information to a fire safety inspector.

Having taken into account the evidence presented by prosecutor Warren P Spencer at the trial, the magistrates said that they took this type of offence extremely seriously. They commented that the circumstances under which the prohibition was originally served and its subsequent breach within the space of one month**, had been an aggravating factor.

They felt that there had been no effort to take responsibility for the fire safety within the premises by Mr Fan and the safety of the persons inside had been severely compromised. This had placed the occupants at significant risk of serious injury or death.

In order to send a clear message and taking into account the aggravating factors, Mr Fan was fined:

  • £5000 for the offence of breaching the prohibition notice. (Note: This is the maximum for this offence)
  • £500 for the offence giving false information. (Note: Credit was given for a guilty plea)

and ordered to pay:

  • £4702.42 (prosecution costs in full)
  • £15 victim surcharge

Total £10217.42


Following submissions by his legal representative, Mr Fan was order to pay at £900 per month.

Jim Owen, Assistant County Fire Officer (Fire Safety) said, "We always try to work with businesses to make their premises safe for people to use. However, we also take action where owners and managers choose not to treat fire safety as a legitimate business overhead, and we will always prosecute serious offenders."


Editors Notes:

* The property consisted of a fast food takeaway and hotel accommodation within a building previously used a pub.
** The prohibition was put in place when sleeping accommodation within the building was discovered to have an escape route that was considered to be dangerous, and was subsequently found to be in use, after the notice was issued.


The prosecution was brought under the following legislation:

The Regulatory Reform (Fire Safety) Order 2005