East Sussex Fire and Rescue Service is reminding owners and those responsible for fire safety within buildings, of the importance of complying with fire safety legislation, and the potential consequences of not doing so.
On 3rd April 2025, the Responsible Person (person admitted to having control of the premises) for fire safety within Fairlands, 15-17 Lascelles Terrace, Eastbourne BN21 4BJ, accepted a Simple Caution for a failure to comply with an Enforcement Notice (ESFRS/EA/GT/0314/E1/23) that was served on the premises following a fire safety audit.
Fire Safety Audit
At the time of the audit, the Victorian townhouses (previously a hotel) were being operated as an unlicensed House in Multiple Occupation (HMO). The Fire Safety Inspecting Officer found that appropriate measures had not been taken to reduce the risk of the spread of smoke and fire throughout the premises:
- Several fire doors were damaged and not maintained in working order.
- The fire alarm system and emergency lighting were not being adequately tested and maintained.
- There was no fire risk assessment.
- Arrangements for managing fire precautions at the property were ineffective.
Due to the serious nature of the deficiencies that were discovered, an Enforcement Notice was served by ESFRS. This is a formal Notice which explains why the Fire Authority believes specified works are necessary and details a time period for completion.
When the Inspecting Officer returned to the premises to check if the items listed on the Notice had been remedied, it was found that the required works had not been done.
Fire Safety Order 2005
It is an offence under Article 32(1)(d) of the Fire Safety Order 2005 to fail to comply with any requirement imposed by an Enforcement Notice. It is also an offence under Article 32(1)(a) for any Responsible Person to:
- Fail 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 answered questions about the alleged offences whilst under caution, accepting they had failed to comply with the requirements of the Enforcement Notice and failed to comply with the Regulatory Reform (Fire Safety) Order 2005.
Simple Caution
Where appropriate, in addition to issuing an Enforcement Notice as a corrective measure, the Fire Authority may decide to offer a Simple Caution as a punitive measure as an alternative to prosecution. The Simple Caution will be kept on file for 5 years and if the Responsible Person is convicted of a further offence in that period, it will be introduced to the Court.
The Responsible Person agreed to pay voluntary costs to the sum of £930 to the Fire Authority.
Station Manager for Legislation and Enforcement, Jake Kaye said:
“The lack of appropriate fire detection and warning systems in premises that have poor compartmentation and have been converted into HMOs is regarded as a widespread problem by the Fire Authority. In this case, relevant persons were put at risk through a lack of compliance with fire safety requirements. Those responsible for fire safety in premises, through this action, are reminded of the consequences of not complying with their legal obligations or not complying with the requirements detailed within any Notices issued by our Fire Safety Inspecting Officers.”
Area Manager for Protection, George O’Reilly stated:
“I would like to thank my legal team and staff for their efforts in bringing this case to a successful conclusion. ESFRS are legally required to enforce 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.”
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: www.esfrs.org/fire-safety-legislation
Other useful links
www.esfrs.org/fire-safety-legislation