FIRE SAFETY PROSECUTION – WMFRS

 

Paul, Al,

Could you add to the prosecution file please –

 

FIRE SAFETY PROSECUTION – WMFRS

           

On 9^th March 2008 an inspection of the Comet Public House, Collingbourne Avenue, Castle Bromwich, Birmingham was undertaken by officers of the Birmingham Joint Licensing Task Force. The task force consists of officers from the fire service, police service, local authority licensing department, trading standards and environmental health department.

 

During the inspection, a number of offences against the Regulatory Reform (Fire Safety) Order 2005 were identified;

 

1.         Article 14(2)f; The fire exit door leading from patio area to the car park was padlocked shut.

2.         Article 14(2)f; The fire exit door leading from the lounge bar to the patio area was locked shut.

3.         Article 14(2)f; The fire exit door leading from the trade area to the patio area was locked shut.

4.         Article 14(2)f; The fire exit door from the staff area to the exterior of the premises was wedged shut with a chair and the route from this exit was blocked by bins and rubbish.

5.         Article 14(1); The exit route from the patio area through to the car park was obstructed by rubbish.

6.         Article 14(2)b; The exit route through the patio area was not provided with adequate emergency lighting.

7.         Article 9(1); A suitable and sufficient fire risk assessment had not been undertaken.

 

Denzil Wright, being the Premises Licence Holder was prosecuted on all seven counts and Marcia Stevens being the Designated Premises Supervisor was prosecuted on counts 1 to 5.

 

On 12^th June 2008, Marcia Stevens pleaded guilty to all five offences in Birmingham Magistrates Court. She was fined £200.00 per offence and ordered to pay £577.25 costs, a total fine of £1577.25. In finding Marcia Stevens guilty and awarding the fine, the Magistrates acknowledged the seriousness of the offences, but took account of the fact that there was no previous history of such offences and that she had entered a ‘GUILTY’ plea at the first opportunity.

 

Denzil Wright entered a plea of ‘NOT GUILTY’, and his case was adjourned to be heard in Birmingham Magistrates Court on 30^th July 2008. At this hearing the magistrates found Denzil Wright ‘GUILTY’ of all seven offences and, due to the seriousness of the offences, the case was committed to Birmingham Crown Court for sentencing.

 

At Birmingham Crown Court on 27^th August 2008 the Judge awarded Denzil Wright a fine of £1,500.00 per offence, and ordered to pay costs of £2,400.00, a total fine of £12,900.

 

The judge stated that had there been a fire at the premises then he would have had no hesitation in imposing a custodial sentence, and added that as Denzil Wright had entered a plea of ‘NOT GUILTY’ he was imposing a heavier fine than that of Marcia Stevens.

 

Denzil Wright was ordered to pay the complete amount of fine within six months or face a term of three months imprisonment.

 

If you have any questions regarding this case please direct them to:

Fire Safety Officer Dave Bromley

Aston Fire Safety Centre (Licensing Section)

Tel: 0121 327 7727

 

 

 

 

Thanks,

Ken

 

 

 

 

From: Julie Connor [mailto:julie.connor@wmfs.net]
Sent: 30 September 2008 14:49
To: all-general-users@lists.fora.uk.net
Subject: RR(FS)O Prosecution