From: Wall Kenneth FS/Swansea Command
Sent: 08 September 2008 16:19
To: Liiv Paul FS/Swansea Command; Davies Alison Powys Command
Subject: FW: Fire Safety Prosecution: Tyne and Wear Fire and Rescue Authority - v - Ultimate Leisure

Paul,

Can you add to the prosecutions file please.

 

Thanks,

Ken

 

Ken Wall

Head of Legislative Fire Safety

Mid and West Wales Fire and Rescue Service

Tel.                  0870 6060699 ext. 2261

Tel. (Direct)      01792 776716

Mob.                07775 727658

Blackberry       07920 297260


From: Joanne Hollick [mailto:joanne.hollick@cfoa.org.uk]
Sent: 04 September 2008 16:55
To: FRS - Fire Safety Officers
Subject: Fire Safety Prosecution: Tyne and Wear Fire and Rescue Authority - v - Ultimate Leisure

 

Fire Safety Prosecution: Tyne and Wear Fire and Rescue Authority – v – Ultimate Leisure

On the 23rd of June 2007 a member of the public, suffered serious burns to his back during a night out at Sea Nightclub in Newcastle as a result of tea lights placed around a balcony setting fire to his shirt.

Following the investigation the company who owned the nightclub, Ultimate Leisure Limited, as the responsible person for fire safety were charged with offences against the Regulatory Reform (Fire Safety) Order 2005.

These breaches of the Regulatory Reform (Fire Safety) Order 2005 were:

Article 8 (1)(b): Duty to take general fire precautions ,and

 Article 9 (1): Risk assessment
       
Sunderland City Council Legal Services represented the Authority in the prosecution of the case resulting in Ultimate Leisure being found guilty of both offences and fined £2,000 in each count (a total of £4,000) with costs of £975 awarded to the authority and a victim surcharge of £15 also awarded against Ultimate Leisure.

In summing up the case the Magistrates commented that whilst they acknowledge that Ultimate Leisure had instructed outside consultants Perry Scott Nash to undertake the risk assessment, it is the responsibility of the organisation and its managers to assess the use of tea lights and candles in the premises. 

Any enquiries to :

Station Manager Mark Gerrard : mark.gerrard@twfire.gov.uk

Or 0191 4441019

 

THE CHIEF FIRE OFFICERS ASSOCIATION
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Joanne Hollick
Communications Assistant

DDI: +44 1827 302313
joanne.hollick@cfoa.org.uk

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