Bedfordshire Business Issued Caution for Fire Safety Failures

Following a fire safety audit, Bedfordshire Fire and Rescue Service (BFRS) identified serious failings at the premises, including the absence of a fire risk assessment, a lack of staff fire safety training, and inadequate maintenance of the fire alarm and emergency lighting systems.

During the investigation, BFRS sought to determine who was responsible for fire safety at the restaurant. A series of legal notices were issued under Article 27 of the FSO, requiring the leaseholder—operating as a limited company—and another registered company at the premises to provide key fire safety documents.

Both companies admitted to two offences each under Article 32(2)(e) of the FSO. As an alternative to prosecution, they accepted simple cautions, avoiding potential unlimited fines and court costs in the event of conviction.

Company directors have been warned that they cannot use their businesses as a shield from personal liability where negligence is proven. In this case, the sole director of both companies was found to have been negligent in failing to respond to the legal notices. He admitted four offences under Article 32(8) of the FSO and was given the option of accepting a simple caution, which he chose, thereby avoiding prosecution.

Both companies and their director now have a recorded caution, which could influence any future enforcement action. If further breaches occur, the Fire and Rescue Authority may consider prosecution, and the court could take the previous caution into account as an aggravating factor, leading to more severe penalties.

BFRS’s Head of Prevention and Protection, Rob Hulatt, said: “We remain committed to working with businesses to ensure compliance with fire safety legislation, which protects lives and property across Bedfordshire. Our teams will not hesitate to take enforcement action, including prosecution, where necessary.  

"Under the FSO, some offences can result in unlimited fines and, in the most serious cases, up to two years imprisonment. We urge business owners, duty holders and responsible persons to take their legal duties seriously, to ensure that all necessary safety measures are in place to protect their staff, and others on the premises, from fire.”

BFRS provide information to businesses on their website, which is accessible by visiting www.bedsfire.gov.uk/business/workplaces-and-businesses.