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We have recently been made aware by the Fire Prevention Association (FPA) of the prosecution of a Landlord under the Regulatory Reform (Fire Safety) Order 2005.

THE LANDLORD of a Nottingham public house has received a nine-month prison sentence, suspended for 12 months, together with 180 hours' unpaid community service and an order to pay £2,200 costs, following serious contraventions of fire safety requirements.

Following a complaint, Nottinghamshire Fire and Rescue Service visited the premises at The  public house in Nottingham, the ground floor of which landlord was using as a bar, with the upper floor used as bed and breakfast sleeping accommodation. The premises lacked any fire alarm or other basic fire safety precautions.
 
The prosecution followed the landlords breach of a prohibition notice instructing him not to use the upper storeys as sleeping accommodation until remedial work had been carried out. His continued use of this accommodation for paid guests had exposed them to further serious risk. The  Judge observed that this was the first breach of a prohibition notice to come before Nottingham Crown Court under the Regulatory Reform (Fire Safety) Order 2005.
 
Commenting that action would be taken against any hotel owner found in breach of fire safety regulations to protect guests against risk of fire, the Head of fire protection at Nottinghamshire Fire and Rescue Service, said: 'Hotel-type accommodation presents a potentially serious risk, as there are people sleeping on the premises who are also unfamiliar with the layouts. It is vitally important that hotel and sleeping accommodation is managed properly... I hope that the outcome of this case will serve as a warning.'
 
The seven charges are summarised as follows:

• contravening a prohibited area of the premises by using it as sleeping accommodation;
• failing to make a risk assessment to identify the general fire precautions necessary to comply with the Order
• failing to ensure that premises were equipped with appropriate fire fighting equipment and with fire detectors and alarms (the fire fighting equipment was out of test)
• failing to ensure that routes to emergency exits and the exits themselves were kept clear at all times
• failing to ensure that emergency routes and exits were indicated by adequate signs to the escape route across a flat roof and down an external staircase into the rear yard
• failing to ensure that emergency routes and exits requiring illumination were provided by adequate emergency lighting
• failing to ensure that in the event of danger it was possible for persons to evacuate the premises as quickly and safely as possible by providing self-closing doors to any of the rooms being used as bedrooms on the first and second floor, or the kitchen on the first floor.