Scunthorpe takeaway owner ‘knowingly puts lives at risk’

Posted on 9 June 2021

A flagrant breach of a Prohibition Notice has cost the owner of Star’s Pizza on Old Brumby Street in Scunthorpe a £3,000 fine and around £12,500 in costs.

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

Rated 'Excellent' on Trustpilot

Pyro undertook a detailed fire door and fire stopping survey of a large portfolio of school buildings across a 6-week programme. They were proactive and delivered on the dates they advised they would. We would recommend Pyro Fire to many other clients due to the quality of the report provided and also their proactive and engaging work ethic.

Andrew S - Large School Portfolio

I work with Pyro Fire with a Client who delivers extra care and retirement living projects. Pyro Fire produce Fire Strategy Reports and undertake fire risk assessments and fire-stopping surveys always to a high standard. Pyro Fire are responsive and clearly experts in their field. We continue to use Pyro Fire with existing clients and recommend them to prospective clients.

Dan M - Henry Riley LLP

Thorough and comprehensive assessment of our premises. This is the third time we have used Pyro Fire Services and I recommend this very professional organisation!

David C - HMO

Full FRA on a conversion of a former care home to 14 self-contained apartments. Very quick to attend site and to turnaround the report. The online system worked well as we could photo and evidence our upgrades without the assessor returning to site. Already instructed Pyro on our next scheme. Would highly recommend.

Oliver B - Property Developer

Pyro Fire Services have recently carried out some works for our company, and as always providing an exceptional service. We have worked with Pyro Fire for the past 5 years now and would recommend them to any business.

Dave H - Supported Living

Pyro supported us with our fire risk assessment for the launch of our new barbers & coffee shop in Sheffield. The process was quick, efficient, fairly priced and they went above and beyond to support us, aswell as being incredibly flexible and understanding of our needs as a business location in it's creation stage. I'd highly recommend Pyro for all fire safety needs.

Sam M - Retail Premises

FRA on a block of flats was carried out, this was required due to out of date FRA, Service was amazing, Report delivered almost instantly. Would use again, would highly recommend!

Michelle M - Block of Flats

Looking for a fire risk assessment? Get an instant quotation online today!

Get your free quote