This was then followed by the very surprising case of R v Draper in October 2011. Again the principles set out in Howe were applied after the Landlord of a house, divided into occupied flats, had failed to comply with Articles 8 – fire resistance and guilty pleas to three counts relating to the absence of self-closing devices on front doors of flats and one count relating to the failure to maintain a fire extinguisher. The recorder had accepted that there were no aggravating features. The Defendant had not deliberately profited financially from the breaches; he had not failed to heed warnings; he had had a good safety record and was of good character and had taken remedial steps. References also showed him to be a conscientious and responsible Landlord. Despite the absence of aggravating features the Defendant was fined £135,000 by the Crown Court. The Ground of Appeal was that too much weight had been given to the Defendant’s means. (I can only assume therefore that the Defendant was extremely was wealthy, because the Court of Appeal refused the appeal and upheld the extremely high fine).
Related Posts
Warren Spencer

Warren Spencer is one of the country’s leading fire safety lawyers. He has now prosecuted and defended fire safety cases for over 12 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, an accreditation which enables him to work as an advocate in the Crown Court. Warren has conducted prosecutions for Lancashire, Greater Manchester, Humberside, Cumbria, Cheshire, Merseyside, Hereford & Worcester, Shropshire and Wrekin Fire & Rescue Services, 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
Recent Tweets
-
Bristol Brewhouse And Kitchen fined over fire safety bbc.co.uk/news/uk-englan…
-
Taunton landlord receives prison sentence after Holway Avenue fire somersetcountygazette.co.uk/news/19105345.…
-
Huge fine to Bristol bar should be 'a warning to every business' over fire regulations bristolpost.co.uk/news/bristol-n…
-
Bespoke Terms & Conditions for Fire Safety Professionals limiting your potential liability under the FSO.â€twitter.com/i/web/status/1…qa
-
Blackhurst Budd Awarded Lexcel Quality Mark Once Again blackhurstbudd.co.uk/industry-news/…