Humberside Fire and Rescue Service (HFRS) brought the prosecution after Mustafa Gunes knowingly put the safety of his employees and those using the living space above the shop in jeopardy. The breaches also put the lives of customers at risk.
The Prohibition Notice was served on 20 September 2019 and instructed the owner of the premises not to use the first floor as the measures in relation to protection from fire were inadequate.
Mr Gunes pleaded guilty on three counts of contravening the Regulatory Reform (Fire Safety) Order 2005 at Grimsby Magistrates Court on 28 May 2021 and was fined £3,000. The judge ordered that all of HFRS’s legal costs of £12,626 will be covered by the takeaway owner.
Business Safety Inspectors from HFRS worked with North Lincs Council Housing team to pull together enough evidence to secure the successful prosecution. The video footage gathered when North Lincolnshire teams gained entry to the premises it was clear proof that the first floor was being used in direct violation of the Prohibition Notice.
Although Humberside Fire and Rescue Service aims to work with businesses to make their premises safe and minimise the risk to staff, the disregard for the safety of all those working at or living above Star’s Pizza left the HFRS Prosecution Team with no alternative but to pursue the matter.
HFRS Public Safety Manager, Lynsey Driver, was delighted with the verdict of the court:
‘Our crews and inspectors enjoy an excellent reputation throughout the Humber region for working with business owners to understand their responsibilities with regards to fire safety’.
‘However, we hope that this ruling sends a clear message to other similar businesses that, should they be the subject of a Prohibition Notice, we will not hesitate to take a similar course of action should it be ignored’.
‘Whilst we are thankful that a fire did not occur at these premises, the risk of death or serious injury was so great if one had broken out, that we had no option but to pursue this prosecution.’
Work has now been carried out at Star’s Pizza to ensure adequate fire safety for persons using the first floor.
Courtesy: Humberside Fire & Rescue
Business owners who are unsure of their responsibilities when it comes to fire safety can find out more at https://humbersidefire.gov.uk/your-safety/business-safety
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