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Fire Safety Prosecutions Don’t let it happen to you. Fire Safety Prosecutions Don’t let it happen to you.

Fire Safety Prosecutions 50 completed prosecutions in the North West 10 ongoing 12 Prosecutions Fire Safety Prosecutions 50 completed prosecutions in the North West 10 ongoing 12 Prosecutions involving Hotels/Guest Houses

Who can be prosecuted? Who can be prosecuted?

The Responsible Person Definition in Article 3 RRO Employer Occupier Owner The Responsible Person Definition in Article 3 RRO Employer Occupier Owner

The Responsible Person The Corporate Personality Companies (Limited/Unlimited) Partnerships (incl LLPs) Joint ventures Schools The Responsible Person The Corporate Personality Companies (Limited/Unlimited) Partnerships (incl LLPs) Joint ventures Schools Unincorporated bodies Trusts Charities

The Responsible Person The Corporate Personality V The Individual The Responsible Person The Corporate Personality V The Individual

The Responsible Person The Corporate Personality Dr J PHJJ Ltd JJ Hotels Ltd 60 The Responsible Person The Corporate Personality Dr J PHJJ Ltd JJ Hotels Ltd 60 -62 Bolton Ltd

The Responsible Person Article 5 (4) Where a person has, by virtue of any The Responsible Person Article 5 (4) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to(a) the maintenance or repair of any premises, including anything in or on the premises; or (b) the safety of any premises That person is to be treated…. as being a person who has control of the premises to the extent that his obligation so extends.

The Responsible Person Article 5 (3) Any duty imposed……. on the responsible person in The Responsible Person Article 5 (3) Any duty imposed……. on the responsible person in respect of premises shall be imposed on every person…. . who has, to any extent, control of those premises so far as the requirements relate to matters within his control.

The Responsible Persons? Employees- Oldfield Bank Nursing Home Managers – Chatsworth Road Licensees - The Responsible Persons? Employees- Oldfield Bank Nursing Home Managers – Chatsworth Road Licensees - Shannons Bar; Owners - The Pack Horse Hotel Spouses - The Manor Hotel; The Girvan Hotel Fire Alarm Engineer - Oldfield Bank Nursing Home Electricians – Bairstow Road Fire Safety Consultants? ? ?

The Responsible Person ‘This is a deliberate aspect of the Order to allow enforcement The Responsible Person ‘This is a deliberate aspect of the Order to allow enforcement action to be taken against the person who is culpable and/or in a position to remedy contraventions. ’ Guidance Note No. 1: Enforcement para 39 Communities and Local Government

What can you be prosecuted for? What can you be prosecuted for?

Any breach which was within your control. Any breach which was within your control.

Poor electrical work Unsuitable and insufficient fire risk assessment Failing to: -maintain fire alarm Poor electrical work Unsuitable and insufficient fire risk assessment Failing to: -maintain fire alarm -properly train -follow evacuation procedures -co-operate and co-ordinate with another responsible person - carry out fire drills (non ambulant persons)

The Penalties Magistrates Court Fine - up to £ 5, 000 per charge average The Penalties Magistrates Court Fine - up to £ 5, 000 per charge average penalty £ 1, 100 per charge Costs – average £ 3, 000 per case

The Penalties Crown Court Fine – unlimited Imprisonment up to 2 years Costs – The Penalties Crown Court Fine – unlimited Imprisonment up to 2 years Costs – average £ 6, 000 per case

Warren Spencer wps@blackhurstbudd. co. uk 01253 629300 Warren Spencer [email protected] co. uk 01253 629300