Large fine for disregarding fire safety legislation

As well as the substantial fine, Kismet Cardiff which owned the City Centre restaurant was ordered to pay costs to the Fire Authority of £4330 by Cardiff Magistrates Court at a court hearing on 20 August 2015.

The City Centre premises were visited in 2013 by business fire safety officers from South Wales Fire and rescue authority on a routine audit as part of the risk based inspection programme. Since a previous audit in 2010 and the audit carried out by fire safety officers in 2013, unauthorised building works had been carried out which compromised the fire safety provisions within the premises.

The officers discovered fire safety deficiencies within the ground floor commercial kitchen area of the premises and also on the upper floors which was being used at the time as residential accommodation. The serious fire safety contraventions discovered would have placed the occupants at significant risk in the event of a fire. In fact, the fire safety standards were so poor that a prohibition notice was immediately served on the first and second floors restricting their use.

A thorough investigation was then undertaken by specialist officers from South Wales Fire and Rescue Authority which led to Kismet Cardiff being summonsed to appear before the Cardiff Magistrates on 10 offences under the Regulatory Reform (Fire Safety) Order 2005. The offences included the failure to provide vital fire doors and appropriate separation to protect the sole means of escape from the residential accommodation situated above the commercial kitchen at the rear of the premises. Other offences included the failure to provide the appropriate fire warning and detection system, emergency escape lighting, portable firefighting equipment and a suitable and sufficient fire risk assessment for the premises.

In presenting the case to the court, South Wales Fire and Rescue Authority outlined how a visit in April 2013 discovered that the original means of escape for the residential accommodation at the rear of the premises had been altered and was no longer available. An unprotected staircase had been installed which led directly from the residential accommodation into the commercial kitchen below. Counsel described to the court how a fire in the commercial kitchen could have easily trapped residents on the upper floors by compromising their only means of escape. The lack of other essential facilities within the premises would only have exasperated the situation which could have easily resulted in a serious injury or even the loss of life.

Gary Johnson, Head of Business Fire Safety for South Wales Fire and Rescue Service (SWFRS), welcomed the sentence handed down by the Court and said: "There is no satisfaction in seeing Kismet Cardiff punished for their failure to make these premises safe, but I am glad that as a result of our actions the tragedy of what could so easily have been multiple fire deaths was prevented.”

"We are here to provide advice and support to local businesses and are always willing to help to make sure they comply with the fire safety legislation. However, the public should continue to be reassured that we take any breaches of fire safety very seriously and will use legal sanctions where necessary. Building owners and managers are reminded that prior to commencement of structural building works approval must be sought from the appropriate authority.”

Group manager Johnson went on to say: "If people have been put at risk of death or serious injury from fire we will not hesitate to prosecute. However SWFRS will work closely with businesses to ensure they comply with the regulations. If business owners require advice on how to comply with fire safety legislation I urge them to contact us. Staff members of the business fire safety department are available to offer practical advice and assistance in this area. By working in partnership with businesses we can reduce the risk to the communities of South Wales.”

Members of the public who have recently visited a building in the South Wales area and have concerns about the fire safety in the building can complete a simple form on line via our website or contact us to report them.

Information relating to the duties required by the Regulatory Reform (Fire Safety) Order 2005 is available at www.southwales-fire.gov.uk.