Company Directors Fined £125,000 After Successful Fire Safety Prosecution

East Sussex Fire and Rescue Service is urging property owners to comply with fire safety regulations, highlighting the serious consequences of non-compliance following a recent court case. On 15 July 2024, directors of a residential care company were fined £124,455 in total.

The Directors of Care Pro (Southeast) Limited pleaded guilty to all 12 offences in April 2024 at Brighton Magistrates Court. Sentencing was deferred to the District Magistrates Judge and took place at Brighton Magistrates Court on Tuesday, 9 July 2024, at 10:00 AM. East Sussex Fire and Rescue Fire Safety Inspecting officers visited four locations between 31 October and 3 November 2022 and identified numerous violations of The Regulatory Reform (Fire Safety) Order 2005:

Park Apartments, 14 Egerton Road, Bexhill on Sea, East Sussex – 4 violations:

• Article 8: Duty to take general fire precautions
• Article 9: Risk assessment
• Article 13: Fire-fighting and fire detection
• Article 17: Maintenance

Eden Lodge, 16 Egerton Road, Bexhill on Sea, East Sussex – 2 violations:

• Article 8: Duty to take general fire precautions
• Article 13: Fire-fighting and fire detection

Park View, 25 Egerton Road, Bexhill on Sea, East Sussex – 3 violations: Article 8: Duty to take general fire precautions

• Article 9: Risk assessment
• Article 13: Fire-fighting and fire detection

Beau Lodge, 7 Jameson Road, Bexhill on Sea, East Sussex – 3 violations:

• Article 8: Duty to take general fire precautions
• Article 9: Risk assessment
• Article 13: Fire-fighting and fire detection

District Judge Szagun, considering the prosecution’s guidelines, deemed the culpability to be high and the level of harm to be medium. The presence of vulnerable residents at risk due to defective fire doors and inadequate detection and alarms elevated the harm level. The Judge noted that the owners should have been familiar with the published regulations and guidance for their services.

The defendants were fined £27,500 per offence for four of the offences, resulting in a £110,000 fine. Additionally, they were ordered to pay a £2,000 victim surcharge and £12,455 in costs, bringing the total to £124,455.

• Failed to discharge their duties under Article 9 – Risk assessment.
• Failed to discharge their duties under Article 13 – Fire-fighting and fire detection.

In summary, District Judge Szagun, when considering the prosecution sentencing guidelines, upheld culpability to be high and the level of harm to be medium. In her judgement, the Judge explained that the number of vulnerable residents placed at risk due to the defective fire doors and lack of detection and alarms, raised the level of harm to a higher level. The Judge added that the owners should have taken the time to understand published regulations and guidance when providing this type of service.

The defendants were fined £27,500, per offence, for four of the offences, with guilty charges upheld for the remaining offences but no separate penalty awarded. This resulted in a £110,000 fine, a £2,000 victim surcharge and £12,455 for times and costs. All company directors have a duty and responsibility for the fire safety or people and property within the activities and duties of running a business. For an expert fire risk assessment please contact one of our team using the enquiry form below.

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