East Sussex Fire and Rescue Service is reminding owners of all commercial premises about the importance of complying with fire safety regulations, and the potential consequences for a Responsible Person of a commercial premises if they fail to do so.
On 10 May 2022 East Sussex Fire and Rescue Fire Safety Inspecting Officers, along with other partners from Discovery (Sussex Police, Immigration and Environmental Health), visited Mowgli Indian Bistro & Bar, and identified one or more relevant persons sleeping in the basement area, which is an offence under Article 32(1)(a) of the Fire Safety Order 2005.
- Failed to comply with any requirement or prohibition imposed by articles 8 to 22 and 38 (fire safety duties) where that failure places one or more relevant persons at risk of death or serious injury in case of fire.
The Responsible Person (person admitted to having control of the premises) at Mowgli Indian Bistro & Bar, 41- 43 Marina, Bexhill on Sea, pled guilty to one offence at Bexhill Fire Station under caution in October 2024, accepting they had failed to comply with the requirements of a Prohibition Notice served in force, restricting resting or sleeping in the basement area.
This resulted in the Responsible Person accepting a simple caution as an alternative sanction without progressing the case for prosecution in a Magistrates Court which reduces the burden on the judicial service.
Group Protection Legislation and Enforcement Manager, Craig Williams said:
“This offence is regarded as a widespread problem by the Fire Authority. Owners or those responsible for any premises subject to formal notices or where the fire service find non-compliance with fire safety legislation, are reminded by this sanction of the potential consequences of not complying with the requirements placed on them by the Fire Authority”.
The defendant was asked to pay times and costs of £2,212 and agreed to pay voluntary costs to the Fire Authority in total of £1,500.
Area Manager for Protection, George O’Reilly stated:
“It is vital that those responsible for fire safety, take this responsibility seriously. The Fire Authority are tasked with enforcing the requirements of the Regulatory Reform (Fire Safety) Order 2005. We take this responsibility seriously and we will not hesitate to take legal action against anyone responsible for placing people at risk of death or injury from fire due to their failures to meet the requirements of this legislation. We do not want to take such formal action and we would much rather that those responsible reach out to the Fire Authority for support and guidance to enable them to comply with the requirements of the law.”
Further advice and guidance:
Legislative changes to the Regulatory Reform (Fire Safety) Order 2005 (‘the Fire Safety Order’) brought in through the Building Safety Act 2022, require all Responsible Persons to carry out and record a fire risk assessment taking into account the risks from fire to all persons legally on or in the vicinity of the premises.
The requirements apply to all non-domestic premises, such as where people work, visit, or stay, including workplaces, and the non-domestic parts of multi-occupied residential buildings (e.g. communal corridors, stairways, plant rooms).
Further support and information can be found on the East Sussex Fire & Rescue Service website at: Fire Safety Legislation | East Sussex Fire & Rescue Service (esfrs.org)
Other useful links
Workplaces | East Sussex Fire & Rescue Service (esfrs.org)
Fire Risk Assessments | East Sussex Fire & Rescue Service (esfrs.org)
Unwanted Fire Signals | East Sussex Fire & Rescue Service (esfrs.org)
Fire safety in the workplace: Who's responsible - GOV.UK (www.gov.uk)