FRENCHGATE CENTRE FINED UNDER FIRE LEGISLATION

The managing agents for the 880,000 m² Frenchgate shopping centre, Doncaster will have to pay over £25,000 after being found guilty of failure to comply with Fire Safety legislation.

The prosecution was brought by South Yorkshire Fire & Rescue against the Agents “BTW Shiells” of Belfast, who pleaded guilty on five counts of failing to comply with their duties under the Regulatory Reform (Fire Safety) Order 2005.  Fines and costs to be paid by the agents amount to in excess of £25,000.

Then Fire Safety Inspection Officers from Doncaster visited the centre in June last year they discovered that the on site fire safety management team was sufficiently reduced to effectively undermine its ability to carry out appropriate general fire precautions.  Further enquiries raised significant concerns about the adequacy of the remaining staff’s fire safety training and the suitability of the fire risk assessment for the premises.  These concerns lead to SYFR serving an Enforcement Notice and latterly to the prosecution in Sheffield Magistrates court on 1st April 2009.

The Enforcement Notice has since been withdrawn as all issues identified within it have now been resolved appropriately.

“This case clearly demonstrates how our Inspection team will not shy away from our duty to apply fire safety law in all relevant buildings to help ensure the safety of our community,” said Station Manager Chris Mellors of SYFR. “South Yorkshire Fire and Rescue is committed to working closely with businesses to help them with their compliance duties under Fire Safety law but where their responsibilities are not taken seriously, the service will, where necessary, take enforcement action – particularly in cases such as this where large numbers of the public may be affected by a company’s shortfalls.”

Mr Mellors went on to say: “This case should be a reminder for all business owners and managers to take their fire safety duties seriously. Had there been a fire as a result of these failings the consequences would have undoubtedly been far worse.”

Advice on how to comply with Fire Safety Legislation is available through www.syfire.gov.uk or through telephone numbers listed in local directories.

-ENDS-

For further information please contact Corporate Communications on 0114 253 2351.

Notes to Editors:

The Regulatory Reform (Fire Safety) Order 2005 came into force in October 2006 and applies to most non-domestic buildings. South Yorkshire Fire & Rescue has the duty to enforce the legislation in the majority of commercial and business premises within South Yorkshire, and employs a dedicated team to fulfil that responsibility as part of a risk based inspection programme.

The Order imposes duties on “Responsible Persons” for such buildings to undertake a fire risk assessment and to ensure the safety of all relevant persons who could be affected by a fire within their building.

The five charges that BTW Shiells were found guilty of related to:-

1. Failure to take adequate general fire precautions.
2. Failure to make a suitable and sufficient assessment of the risks to relevant persons.
3. Failure to give effect to appropriate preventative and protective measures.
4. Failure to appoint adequate competent persons to undertake preventative and protective measures and,
5. Failure to provide adequate safety training for staff.