A fire in a flat at 49 Park Road, St Annes, Lancashire on Thursday 2nd December 2010 in which the occupant was fortunate to escape serious injury and a complaint made by local residents and information received from Fylde Borough Council, prompted an inspection by Fire Safety enforcement officers of seven buildings owned by Lytham landlord Mr Neal Gilligan.
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The addresses, each sub-divided into several separate flats, were;
157 St Andrews Rd S, St Annes, FY8 1YB 35-37 Glen Eldon Rd, St Annes, FY8 2AX
163 St Andrews Rd S, St Annes, FY8 1YB 49 Park Rd, St Annes, FY8 1PW
58 St Andrews Rd S, St Annes, FY8 1PS 23 All Saints Rd, St Annes, FY8 1PL
60 St Andrews Rd S, St Annes, FY8 1PS
During the course of the original audits and further follow-up inspections, there was clear and ongoing evidence of serious breaches of fire safety legislation:-
- Inadequate Fire Risk Assessments
- Fire Alarms systems switched off or damaged
- Fire safety equipment, such as fire extinguishers, fire alarm systems and emergency lighting not being maintained in adequate condition
- Obstructions and combustibles (including a motorcycle) on escape routes
- Inadequate fire separation, meaning that a fire could have swept through the accommodation unchecked by fire doors or appropriate barriers to fire spread
Enforcement notices were issued to all seven premises and were followed up and extended on two occasions. Ultimately none were adequately complied with by the completion date. In two cases prohibition notices were also issued to prevent use of the buildings until the dangerous conditions were significantly improved (35-37 Gleneldon Rd and 157 St Andrews Rd South). The conditions set out in these notices were also breached which Fire Officers stated had placed residents at risk of death or serious injury if a fire had occurred.
On 2nd August 2012 at a Plea and Case Management Hearing at Preston Crown Court, the defendant, Mr Neal Gilligan, pleaded guilty to 13 offences under the Regulatory Reform Fire Safety Order 2005:
- 2 counts of failure to comply with an Enforcement Notice
- 7 counts of failure to make a suitable & sufficient fire risk assessment
- 2 counts of failure to comply with a Prohibition Notice
- 1 count of failure to provide a suitable system of maintenance
- 1 count of failure to ensure routes to emergency exits were kept clear
The defendant pleaded not guilty to a further ten alleged offences.
At a hearing at Crown Court Preston on the 11th October 2012 Neal Gilligan was sentenced on 13 counts in respect of which he received a prison sentence of 6 months – suspended for 18 months – and is subject to a 6-month curfew between the hours of 7pm to 7am. He was also ordered to contribute a sum of £200 towards costs. He no longer owns the premises the prosecution case relates to.
Lancashire’s Assistant Chief Fire Officer Dave Russel said
“The sentencing of Neal Gilligan marks the conclusion of a lengthy process that began with our efforts to impress upon the landlord what must be done to keep his tenants safe from fire. He made no attempt to comply with the law and this led to the issue of several enforcement and prohibition notices, ultimately leading to the prosecution case we see the outcome of today.”
“There is no satisfaction in seeing Mr Gilligan punished for his failure to make his premises safe, but we are glad that as a result of our actions the tragedy of what could so easily have been multiple fire deaths was prevented.”
“The example this case sets should act as a powerful deterrent for anyone who supposes that ensuring fire safety in premises they are responsible is an option and not an obligation in law. We will always support businesses and landlords who are willing to make premises safe from fire, but when it proves necessary to do so we will take action such as this through the courts.”
Landlords and other businesses can be assured that Lancashire Fire and Rescue Service will always support them in complying with fire safety legislation and anybody seeking assistance in understanding the requirements of the law can contact their local fire safety department for advice or access a range of information here on the LFRS website.
