A recent Order now shifts compliance for fire safety to businesses and the responsibility to appoint a 'competent person', plus the introduction of a due diligence defence which does not exist in traditional health & safety.

All statutory changes take time to 'bed in' and we are now seeing the full weight of sentencing by the courts for fire safety breaches. Some of the biggest names on the High Street and manufacturing are seeing very substantial fines imposed for failing to meet their obligations under The Order. For individuals deemed the 'responsible person, or duty holder', the penalties can be imprisonment as well as financial loss.

When The Order came into force in 2006, it repealed all previous legislation in relation to fire safety, certificates etc., but fines compared to pre 2006 levels are vastly increased.

Even within the first year of The Order, a publican was fined £18,000 for fire safety breaches that included failure to complete a fire risk assessment, blocked exits, no staff training or fire procedures in place in the event of a fire.

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Even Managing Agents are not immune from prosecution, with the agents responsible for the Frenchgate shopping centre in Doncaster fined £25,000 resulting from a fire authority inspection that revealed that the Managing Agents had failed to ensure the on-site team were adequately resourced to fight a fire, had one broken out!!

And fines get higher!! in December 2008, Southern Cross, a nursing home business were fined £80,000 plus £20,000 costs for allowing combustible materials to build up in a boiler room which resulted in a blaze. These fines were imposed even though there were no fatalities.

Shell were fined £300,000 for fire safety breaches that were revealed from a subsequent inspection that was triggered after two fires that were caused by contractors at its central London headquarters. Again no fatalities or injuries – just breaches that could have had far more serious consequences.

There are many other cases that could be quoted, but to finish with one of the highest so far, was the New Look incident in London's Oxford Street. There was a fire which resulted in multiple malfunctions in the procedures that should have been followed in the event of a blaze. Subsequent investigations revealed a catalogue of management and procedural shortcomings that resulted in a fine of £400,000 plus costs of £136,000 – again no fatalities or injuries!! The fine was appealed and the fine was upheld.

This last case now impacts on lower court decisions and has resulted in higher penalties being imposed.

It is a legal obligation to ensure that all premises have a suitable and sufficient fire risk assessment in place, and that it is regularly reviewed to ensure it is still current and relevant.

Hazard Risk Assessments are expert at conducting fire risk assessments of all type of properties and businesses, and can ensure that you do not fall foul of any of your health and safety obligations.

Please visit www.hazardriskassessments.com or call 020 8220 8688.