The heat is on for organisations & individuals who do not pay heed to fire safety precautions, notes Gerard Forlin QC
The Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) (2005 Order) came into force on 1 October 2006, replacing regulations made under the Fire Precautions Act 1971 (FPA 1971). This order was made pursuant to the Regulatory Reform Act 2001 (RRA 2001) to be in compliance with the EU directive on fire safety in the workplace and business premises. There have been a series of recent cases where the fines have been gradually ramping up.
First relevant case?
Arguably, the first relevant case fell under the previous legislation. In R v ESB Hotels Ltd [2005] EWCA Crim 132, [2005] All ER (D) 159 (Jan) owners of a hotel pleaded guilty to two counts of contravening the requirements of a Fire Certificate, contrary to s 4 of FPA 1971. Bed mattresses had been stored in various corridors. Investigators found that the hotel staff did not appear to have a complete understanding of the potential fire hazard. The seat of the
