Pictured: Michael Slade

The prison sentences handed down to a hotel manager and a fire risk assessor has sent a stark message to business owners who consider cutting corners when it comes to Fire Safety. David Liu and John O'Rourke received eight months custodial sentences after pleading guilty to a number of offences under the Regulatory Reform (Fire Safety) Order 2005, even though there had been no fire.

Michael Slade, Managing Director of Staffordshire-based Bibby Consulting and Support, a company that provides health and safety and employment law services to thousands of business throughout that UK, says "this is a landmark case, which will have employers up and down the country talking about it for months to come"

Michael says that "Had there been a fire, or worse still a fatality as a result of a fire, they would both be looking at a much longer sentence," he said.

His comments were made after Nottingham Crown Court heard that Fire Authority had paid a routine visit to The Dial Hotel and Market Inn, two hotels in Mansfield run by Liu. They found that fire precaution arrangements at both hotels were woefully inadequate, and that in the event of a fire, they would have offered little protection.

Due to the serious risk to life, the Fire Authority issued prohibition notices preventing any further use of both premises for sleeping accommodation until suitable improvements had been made.

At an earlier hearing, David Liu pleaded guilty to a total of 15 offences, including failing to have a suitable and sufficient fire risk assessment and failing to ensure effective means of escape.

Meanwhile O'Rourke, of Mansfield Fire Protection Services was prosecuted because he had prepared fire risk assessments for both premises. 

However he had no relevant qualifications and his assessments failed to identify a number of fundamental and significant deficiencies, which would have placed the occupants at serious risk in the event of a fire. He pleaded guilty to two charges of failing to provide a suitable and sufficient fire risk assessment.

In addition to the jail sentences both men were ordered to pay prosecution costs, Liu £15,000 and O'Rourke £5,860.

"This case tells us a number of things," continued Michael. "First, and most obviously, those who put people's lives at risk by not taking their fire safety duties seriously may well end up in prison.

Secondly, just because there isn't a fire it doesn't mean that the fire safety authorities won't take action against businesses breaching regulations. Anyone considering a short-cut to compliance should think again". 

Michael concluded that "Having a suitable and sufficient risk assessment isn't about being able to wave any old piece of paper in front of the authorities - the assessment must be a genuine and legally compliant document in every respect. 

It must identify all of the risks and ensure that all of the necessary control measures are identified and put in place and is a task that needs to be undertaken by qualified specialists,"