Prohibition Notices – What is Permitted vs What is Prohibited
When I train Fire Officers in relation to the issuing of Prohibition Notices, I always suggest that notices should sometimes be drafted in the affirmative rather than in the negative.
This means that Notices should include a Prohibition dictating only what is allowed, rather than what isn’t allowed. This makes it much easier to prove if there is a breach and a Prosecution follows.
Successful A27 Prosecution Leads to large Fine
A recent case of mine involved a successful prosecution under Article 27 of the Fire Safety Order.
Article 27 deals with the provision of information to Fire Officers when requested, in order that the person responsible and other aspects of the Fire Service Order can be determined for enforcement purposes.
S156 FSO AMENDMENTS FLOWCHART
For all those signed up for my webinar on Friday (click here for details) here is a Flowchart which briefly outlines the amendments. We will be discussing how Fire Services might use the amendments within the enforcement process.
WEBINAR: ENFORCEMENT OF THE NEWLY AMENDED FIRE SAFETY ORDER
Fire Safety Matters magazine will be partnering with leading industry lawyer Warren Spencer to deliver a special two-hour webinar on the way in which the amendments to the Regulatory Reform (Fire Safety) Order are likely to be enforced.
MAXIMUM SENTENCE FOR HOTELIER FOR FIRE BREACHES
A NORTHUMBERLAND HOTELIER has received a 2 year suspended custodial sentence after pleading guilty to charges brought under fire safety legislation.
PROPERTY MANAGER LOSES FIRE NOTICE APPEAL
A manager of a block of flats, who appealed an enforcement notice issued by the fire service on the basis that he was not responsible for the flat doors or the fire alarm system, has had his appeal dismissed by a Cheshire court.
Mother and Son Receive Custodial Sentences
A mother and son have received custodial sentences in relation to fire breaches at a working men’s club in Morecambe. Heather and Callum Goffin were sentenced after pleading guilty to several breaches of the Regulatory Reform (Fire Safety) Order 2005 at Preston Crown Court.
Come Together FRA’s
In May 2018, shortly before the publication of Dame Judith Hackitt’s review of Building Regulations and Fire Safety, I wrote an article “Fire Risk Assessors-Time to Come Together As One?” The article was written due to my concern that fire risk assessors as a group did not appear to me to have a consistent representative voice in relation to the issues of competency and accreditation, issues which were later confirmed as findings and recommendations in the final Hackitt report.
Enforcement or profit?
One of the most common questions I’ve been asked by fire officers throughout my time dealing with fire safety matters is whether a conflict of interests would arise with their employers if they started carrying out fire risk assessments on a private basis.
TOP 5 TIPS FOR FIRE SAFETY PROFESSIONALS REGARDING THEIR CONTRACTUAL DOCUMENTATION
ResponsibLe Persons flowchart
Warren Spencer is one of the country’s leading fire safety lawyers. He has now prosecuted and defended fire safety cases for over 18 years and has also conducted numerous Enforcement and Prohibition Notice Appeals brought under the Fire Safety Order. He is able to offer impartial professional expert legal advice in all aspects of fire safety enforcement. Warren is a Higher Courts Advocate which enables him to work as an advocate in the Crown Court. Warren has conducted over 220 cases, as well as advising businesses and professionals on various aspects of Fire Safety Law including its effect upon PFI contracts. Warren is a part-time Tribunal Judge and in 2015 he was appointed as a ‘Legally Qualified Chair’ for Police Disciplinary proceedings in the North West. He is also a former Assistant Deputy Coroner for Blackpool and Fylde. Tel: 01253 629300 – Email: info@firesafetylaw.co.uk