Failure to comply with an Enforcement Notice issued by East Sussex Fire Authority, requiring improvements to fire safety measures at 13 Bedford Square, Brighton, has resulted in ‘13 Bedford Square Limited’ the company in control of the premises being fined £4,000. The company was also ordered to pay a further £4,000 in costs.

Under the Regulatory Reform (Fire Safety) Order 2005, the ‘Responsible Person’ must ensure the safety of occupants by undertaking a suitable and sufficient fire risk assessment, implementing and maintaining appropriate fire precautions, and providing adequate training.

The Fire Safety Order requires risks to be identified and managed, fire safety systems to be maintained, escape routes to remain clear, and risk assessments to be reviewed regularly. Enforcement Notices are issued where premises fall short of required standards and occupants may be at risk. They set out the actions required and the timeframe for compliance.

On 2 November 2022, East Sussex Fire and Rescue Service received a complaint regarding fire safety concerns at the Grade II-listed property, which had been converted into flats. An urgent inspection led to interim measures being put in place to allow residents to remain.

A subsequent audit identified multiple breaches, including the absence of a fire risk assessment, inadequate protection of escape routes, and poor maintenance of the fire detection and warning system. Due to the seriousness of these issues, an Enforcement Notice was served.

Follow-up inspections found that key requirements had not been met, including completion of the fire risk assessment and necessary works to internal fire-resisting doors.

Failure to comply with an Enforcement Notice is an offence under Article 32(1)(d) of the Fire Safety Order 2005. It is also an offence under Article 32(1)(a) where non-compliance with fire safety duties places relevant persons at risk of death or serious injury.

Legal outcome

‘13 Bedford Square Limited’ pleaded guilty to the offences at Brighton Magistrates’ Court on 8 December. On 9 April, the Court imposed a fine of £4,000.

Legal responsibility

‘13 Bedford Square Limited’ pleaded guilty to fire safety offences at Brighton Magistrates’ Court on 8 December last year. The company accepted that it had failed to comply with an Enforcement Notice served by the East Sussex Fire Authority requiring improvements to fire safety measures. Brighton Magistrates’ Court issued the £4,000 fine on 9 April.

East Sussex Fire and Rescue Service station manager and legal and enforcement lead Jake Kaye said: “Those in charge of fire safety have a legal responsibility to carry out and record a fire risk assessment. Good management of fire safety is essential to make sure fires are unlikely to occur and, if they do, that they’re likely to be controlled or contained quickly, effectively and safely. It’s vital that everyone can escape to a place of safety easily and quickly when necessary.”

Kaye continued: “Maintaining fire detection and warning systems is key, as is providing a protected route for occupants to leave the building when an alarm sounds. Premises that have been converted into flats and have shared common parts such as corridors and stairways are often lacking a fire risk assessment. This is regarded as a widespread problem by the Fire Authority. It’s fundamental to how the ‘Responsible Person’ will identify what they need to do to prevent fire and keep people safe.”

In conclusion, Kaye noted: “Those responsible for fire safety in premises are reminded of the consequences of not complying with their legal obligations or not complying with the requirements detailed within any Enforcement Notices issued by our fire safety inspecting officers.”

George O’Reilly (assistant director for risk reduction at the East Sussex Fire and Rescue Service) explained: “I would like to thank Brighton Magistrates’ Court for its time and deliberations on this matter as well as my legal team and staff for their efforts in bringing this case to a successful conclusion.”

Further, O’Reilly said: “East Sussex Fire and Rescue Service is legally required to enforce the requirements of the Regulatory Reform (Fire Safety) Order 2005. We take this responsibility seriously and will not hesitate to take legal action against anyone responsible for placing people at risk of death or injury from fire due to their failure to meet the requirements of this legislation.”

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