Responding To Fire Safety Enforcement And Prohibition Notices

In this guide, BCL partner Tom McNeill explains the details of Fire Safety Enforcement and Prohibition Notices and the process for responding to this type of criminal regulatory investigation.

The Regulatory Reform (Fire Safety) Order 2005 ('FSO') imposes onerous fire safety duties on persons in control of non-domestic premises breach of which can be a criminal offence. Fire Authorities have a range of enforcement options to ensure compliance with the FSO including enforcement, prohibition and alterations notices. What should you do when you receive a statutory notice, and how best mitigate the risk of prosecution?

Why have you been served a notice?

When a Fire Authority considers that the 'responsible person' (or person with responsible person duties) has failed to comply with any provision of the FSO, they have a range of options to ensure compliance. In line with enforcement guidance, their approach must be risk-based and proportionate.