prohibition notices - west yorkshire fire and rescue web viewintroduction. this note for guidance...

Fire Protection Procedure & Guidance

Prohibition NoticesRef FS- NFG030

Issue/Revision Date 04/04/2012 Review Date 04/04/2014 Version 9.0

1. INTRODUCTION

This Note for Guidance has been produced to assist officers in drafting and serving Prohibition Notices under Article 31, Regulatory Reform (Fire Safety) Order 2005 (the Order) or Section 22 of the Health & Safety at Work etc. Act 1974.

Dangerous conditions can be reported or discovered by station personnel during an operational risk visit, following attendance at an operational incident, or by a Fire Protection Inspector (FPI) subsequent to a complaint or during a routine audit.

Prohibiting or restricting the use of premises is the most stringent direct enforcement power available to the Authority and is not to be used lightly. Other than where the service of a Notice is preventative (e.g. to prevent a rave taking place in unsuitable premises), any premises that pose a level of risk that requires prohibition or restriction is likely to have significant failures to comply with the Order. All prohibition cases involving premises in use (i.e. non-preventative cases) should be regarded as a potential prosecution and evidence should be gathered from the outset.

There are a number of points that must be observed by authorities when preparing a Notice in order to comply with the requirements of the legislation and to ensure that the Notice will withstand scrutiny if challenged in a Court of Law. The content of this Note for Guidance is intended to clarify the relevant parts of the legislation; highlight problem areas; advise how problems may be overcome and to explain the necessary procedures to be followed in completing and serving a Notice.

2. AUTHORISATION TO SERVE A PROHIBITION NOTICE

Fire Safety Order - Only those authorised by the Director of Fire Safety to Group 1 named in the Inspecting Officers Appointment & Authorisation Schedule can sign and issue a Prohibition Notice.

Health & Safety at Work - Only those authorised by the Director of Fire Safety to Group 1 named in the Inspecting Officers Appointment & Authorisation Schedule can sign and issue a Prohibition Notice.

3. WHEN TO SERVE A PROHIBITION NOTICE

The Authority may serve a Notice where it is considered that in the opinion of the Authority

Article 31 - Use of the premises involves or will involve a risk to the relevant persons so serious that use of the premises ought to be prohibited or restricted. The matters relevant to the assessment of the risk to relevant persons include anything affecting their escape from the premises in the event of fire.

Section 22 - the activities involve or, as the case may be, will involve a risk of serious personal injury, the inspector may serve on that person a notice.

Article 31

FPI’s are reminded that falling short of a benchmark standard (e.g. Building Regulations, British Standards, CLG published suite of Guidance for Responsible Persons publications etc.) may not, in itself, constitute sufficient risk to warrant a prohibition Notice (e.g. a solid door and partition albeit non-fire rated, will offer a degree of protection from fire or combustion products). Officers should be careful not to try and make the premises ‘code-compliant’ at this stage. Such shortfalls will be rectified once the immediate danger (i. e. the reason for serving a prohibition notice) has been concluded.

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In order to document the appraisal of the risk the FPI must ensure that a Fire Safety Audit form is completed in all potential Article 31 cases. The audit form should be used to confirm the deficiencies contributing to the overall risk and may be used in evidence in any subsequent prosecution or appeal.

Section 22

Provided that the inspector reasonably believes that there is a risk of serious personal injury, a contravention of a statutory provision is not necessary for a prohibition notice to be valid. The requirement that an activity should not be carried on until specified matters have been remedied may either take effect immediately or be deferred until the end of a specified period.

4. PREMISES ON WHICH A NOTICE MAY BE SERVED

Article 31 of the Regulatory Reform (Fire Safety) Order 2005 applies to all premises apart from those listed in Article 6 of the Order. A Notice can also be applied to premises awaiting imminent occupation, such as pop concert and rave party venues where the risk occurs on occupation. A Notice cannot be applied to a “house which is occupied as a single private dwelling”.

Section 22 can be served where any of the relevant statutory provisions applies to a building.

If in doubt guidance should be sought from the Fire Protection Manager or an Assistant Fire Protection Manager.

5. POWERS OF ENTRY

Fire Safety Order

Article 27 gives FPI’s powers of non-forcible entry into premises to which the Order applies. These powers include, by virtue of Article 31(10), power of non-forcible entry to domestic premises other than those which consist of a house which is occupied as a single private dwelling (e.g. the power applies to flats and bed-sits).

Health & Safety at Work

An inspector may, for the purpose of carrying into effect any of the relevant statutory provisions within the field of responsibility of the enforcing authority which appointed him, enter at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned above.

6. PROHIBITION OR RESTRICTION

Article 31 gives the Authority the power to prohibit or restrict the use of premises. All Notices served under Article 31 are classed as Prohibition Notices.

A Prohibition Notice prohibits the use of the whole of a premises or prohibits all uses; A Restriction Notice restricts the use of all or part of premises to specific activities (e.g.

the third floor may be used for storage only) or restricts the numbers of persons who can resort to the whole or part of premises (e.g. maximum of 50 persons in function room on 1st floor).

Experience has shown that it is often possible to achieve an acceptable level of fire safety by restricting the use of parts of the premises as an alternative to complete prohibition.

7. PROCEDURE TO ISSUE A PROHIBITION NOTICE

Fire Safety Inspector

Once it is suspected that there are dangerous conditions within the premises, the FPI should ensure that an immediate telephone call is made to their Manager, providing brief details and requesting their attendance. Operational staff or those working in Prevention should telephone Control who will pass the information to the Duty Fire Safety Officer or Fire Protection Manager/Assistant.

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It is imperative that they do not leave the premises until joined by a Fire Protection Manager/Assistant and the facts regarding the case are discussed. In the case of qualified FPI’s, they should continue to complete their audit as far as possible, including all the relevant articles and complete a simple line plan of the affected area. This is essential both to support the serving of a Notice, and provide evidence should the case subsequently go to court.

Discussions with the responsible person may continue, but no agreements should be promised or intimated until the arrival of the Fire Protection Manager (or authorised Level 1 Inspector). Letters of intention or understanding will not be acceptable as an alternative to a Notice being served.

Fire Protection Manager/Assistant

Where possible, before leaving to attend the premises, they should interrogate the Premises Risk Database to ascertain that the premises under investigation have no existing restrictions in place, and view the last record made. They should then attend the premises, taking a camera with them if one has not been requested.

Interim Measures

If the dangerous conditions can be reduced to an acceptable tolerance by short term (interim) means, this should be discussed and agreed with the responsible person, e.g.

The provision of air horns and a wakeful watch to overcome lack of or a defective fire alarm system

Moving persons to a lower or safer place Discontinue using a process or ignition source

No Prohibition Notice will be served. It must be clearly understood that once this decision has been made, it will not be possible to serve a Prohibition Notice later if the conditions remain the same. If there is any possible doubt that the interim conditions will be complied with it would be better to serve the Notice.

8. PRODUCING A PROHIBITION NOTICE

The Notice will be produced from the Premises Risk Database, using the tracks and steps as necessary. The guidance given in PRD008 will be followed carefully to ensure that a full auditable trail is made. All Prohibition or Restriction notices will be prepared by Managers having Group 1 authorisation in the Inspecting Officers Appointment and Authorisation Schedule.

The details entered on the Notice will be deliberately brief and concise, but must include the following:

state that the Authority or Inspector is of the said opinion(i.e. dangerous conditions);

specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;

direct that the use or activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice have been remedied;

in the case of Section 22 Notices where in the Inspector’s opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and

notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions

o may be framed to any extent by reference to any approved code of practice; and

o may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.

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In this Authority all Notices will include measures to be taken

If the premises concerned are a House in Multiple Occupation (HMO), the Local Authority Housing Department should be informed of the intention to serve a Notice. However, the arrangement in West Yorkshire with the Housing Departments is such that this would only occur out of hours; when no contact would be possible before the Notice was served. The Housing Department should however be informed at the earliest opportunity for their subsequent actions.

If the Notice is a Relevant Notice (i.e. there are members of the public present), this must also be stated. If only employees are present, the Notice will be “Not a Relevant Notice”.

After completing the Notice a Principal Officer will be contacted before the Notice is served so that, in the event of questions from the responsible person, press or Members of the Fire Authority, they are fully apprised of the circumstances.

9. WHO TO SERVE THE NOTICE ON

The Notice should be addressed to and served on the Responsible Person or other person mentioned in Article 5(3), with copies of that Notice being served on any others who need to be made aware of it. This could include, for example, the owner, if different from the Responsible Person, the residents of rooms in HMO’s etc.

It is essential that the identity and address for serving the Notice is established from the outset to ensure that the officer can be certain with whom to deal (for example, if a company is trading under a business name, it is essential that an officer establishes from the outset that they are dealing with a Director, Company Secretary, Manager or some such sufficiently responsible person whose statements may be regarded as those of the company. It should also be ensured that they speak for the company).

The Companies Act states that private limited companies do not have to appoint a company secretary, whereas Public Limited Companies must (by law) appoint a company secretary. Therefore the notice will be issued on the body corporate in both cases but may be addressed to the company secretary only in the case of a Public Limited Company. For the addressee in the case of a Private Limited Company, efforts will have to be made to determine a person (i.e. Director) to which the notice should be addressed. Companies House or other appropriate search facility should be used to assist in this regard.

10. SERVING A PROHIBITION NOTICE

If the Responsible Person/Dutyholder is present they should be informed during the inspection as to the nature of the serious risk to persons and of the main steps plus immediate action that should be taken to reduce the risk to persons. If the Responsible Person is not immediately available the persons present at the time of the inspection should be informed of the nature of the risk and impending enforcement action.

The Fire Protection Manager (or authorised Level 1 Inspector) will show the responsible person their authorisation to serve such a Notice (Authorisation Card), and explain the Notice in plain English. They will make reference to the notes accompanying the Notice and explain the responsible person’s right of appeal. The responsible person should be left in no doubt as to

why the Notice was served, when the notice takes effect, what the dangerous conditions are, how to rectify them (both immediate and longer term) and the possible consequences of them disregarding the effect of the Notice.

Article 31

Any notice under the Order should be served on any person either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.Any such notice may -

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a) in the case of a body corporate, be served on or given to the secretary or clerk of that body; and

b) in the case of a partnership, be served on or given to a partner or a person having control or management of the partnership business. .

For the purposes of this Note the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is their principal office within the United Kingdom.

If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address as the one at which he or someone on his behalf will accept notices and other documents, that address is also to be treated for the purposes of this article and section 7 of the Interpretation Act 1978 as his proper address.

If the name or the address of the responsible person on whom any such notice is to be served cannot after reasonable inquiry be ascertained by the person seeking to serve it, the document may be served by addressing it to the person on whom it is to be served by the description of “responsible person” for the premises (describing them) to which the notice relates, and by delivering it to some responsible individual resident or appearing to be resident on the premises or, if there is no such person to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.

A prohibition notice is not suspended on appeal.

Section 22

In many cases service of a notice is by hand, immediately on site. Where the notice is served on an employee then a letter with a copy of the notice should be sent to the registered office to ensure they are aware the notice has been served.

Section 46 HSWA details ways by which a notice may be served. There may be other ways outside the scope of Section 46.

Section 46(2) allows for service by delivery or leaving at the recipient's proper address;

Section 46(3) for service on the company secretary or clerk of the body corporate or service on a partnership, by handing to a partner or person controlling or managing the partnership; Section 46(4) provides that the address for service on the type of person in b) shall be the registered or principal office of the company or the principal office of the partnership;

Section 46(4) allows that the proper address of any person shall be his/her last known address. This does not apply to companies or partnerships (section 7 Interpretation Act 1978) Section 46(6) allows service on the owner or occupier of premises.

A copy of the notice should be provided to employees or their representatives in accordance with section 28(8)(b) of HSWA.

A prohibition notice is not suspended on appeal, but the appellant can apply to the Tribunal for a direction suspending the operation of the notice until the appeal is finally disposed of or withdrawn. The Tribunal may consider the application either at a hearing or on the basis of written representations from the parties. In either case, the application should be considered as quickly as possible in view of the potential economic effects of an immediate prohibition notice.

All Notices

Section 7 of the Interpretation Act 1978 states that any document served by post (properly addressed, prepaid and posted) will be deemed to have been served at the time at which the letter would be delivered in the usual way by post, unless proved otherwise. In order to confirm that a notice has been properly served details of the delivery and signature can be obtained through the postal system used.

Where appropriate (a relevant Notice) a copy of the notice should be placed on the CFOA public Enforcement Register. Where a notice is served on a person under the age of 18, the inspector must

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advise Fire Protection Support, so that the name of the young person is omitted from the entry on the notices database(s).

When you serve a notice, you should also serve with it information to tell the duty holder how they can appeal.

11. LIAISON WITH OPERATIONAL CREWS

If a restriction or prohibition is placed on premises which normally have a reduced predetermined attendance (PDA), for example an AFA during the day, the PDA for the period of time the notice is in force reverts back to the full PDA for the premises due to the fact that it has been identified that the fire safety provision within the premises is less than adequate and that there is a risk to persons.

Additionally to ensure operational crews attending incidents are aware of notices on premises an automatic foot note indicating a notice is in force is placed on the turnout instructions received at station. Crews mobilised to incidents whilst not at base will be advised by Control that a notice is in force.

12. MONITORING AND COMPLIANCE

Once the Notice has been served the Fire Protection Manager (or authorised Assistant Fire Protection Manager) will arrange for regular visits (without prior notice being given) to the premises by FSIs to ensure the conditions in the Notice are being followed.

Non-compliance with a Notice is an offence, and any person(s) who continues to use areas prohibited or restricted by a Notice after its issue commits an offence under Article 32 of the Order. If, on follow-up inspection the FSI discovers non-compliance the attendance of a Fire Protection Manager (or authorised Assistant Fire Protection Manager) should be requested to attend immediately. Dependent upon the circumstances consideration for taking action that may lead to prosecution will be made.

When compliance has been achieved, a record should be made on the premises file that the risk has been reduced to an acceptable level and therefore that the Authority is satisfied that the Notice has been complied with. The Responsible Person/Dutyholder should be notified accordingly and the public register updated.

Should it be found on later inspection that a remedial measure or measures that have been put in place to reduce risk and so comply with a prohibition Notice (and or enforcement Notice) have been allowed to deteriorate to a level that prohibition or restriction is again necessary a new Notice should be served. The question of whether to initiate proceedings in respect of the original Notice should be referred to the Fire Protection Manager or Fire Safety Area Manager for a decision as to further actions.

An Article 31 Notice should only be withdrawn without any remedial works being complied with in very exceptional circumstances e.g.:

It was issued in error; or following consultation with the Fire Protection Manager, Fire Safety Area Manager or Legal

Department.

13. CONSIDERATION FOR WITHDRAWING THE NOTICE

A request to withdraw an Article 31 Notice may be received following the completion of the remedial works detailed in the schedule. On receipt of such an application the premises should be revisited by a FSI who will check whether the remedial work has been carried out as stated to a satisfactory standard and the level of risk to relevant persons that still remains is reduced to an acceptable level.

If the level of remedial work has resulted in a position where prohibition or restriction of use is no longer necessary, a letter should be sent stating that the Notice has been complied with but that any further remedial works identified in an Enforcement Notice (if served) must still be complied with. The Prohibition or Restriction Notice will then be withdrawn. The public register (maintained under the Environment and Safety Information Act 1988) should be updated.

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A request to withdraw an Article 31 Notice may be received following the completion of some of the required works - for example it may be requested that a complete prohibition on the use is reduced to a restriction notice detailing the type of use that remains prohibited (e.g. from complete prohibition of use to a restriction on the type of use such as ‘not to be used as sleeping accommodation’). Any application from the addressee requesting the Authority to consider withdrawing a Notice must be made in writing before it is considered for action.

On receipt of such an application the premises should be revisited by a FSI who will check whether the remedial work has been carried out as stated to a satisfactory standard and the level of risk to relevant persons that still remains is reduced to an acceptable level.

If the remedial works carried out have resulted in a lessening of risk to relevant persons, consideration can be given to reducing the level of prohibition or restriction. The Fire Protection Manager (or authorised Level 1 Inspector) should verify the position and if agreed will withdraw the original Notice and send a letter stating that the remedial work carried out will allow a reduction in the level of prohibition or restriction imposed and that a new Notice reflecting this is enclosed. A new Prohibition/restriction Notice should be prepared and served upon the responsible person/duty holder as detailed in the relevant paragraph above. The public register (maintained under the Environment and Safety Information Act 1988) should be updated.

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Appendix 1

Company SecretaryRental Ltd123 Wholehall StreetLS1 5PP

File Ref: 29:1559:-:Date: 15 October 2009Form No: FSLET007A

Mr Roger Moore is dealing with this matter

West YorkshireFire & Rescue Authoritywww.westyorksfire.gov.uk

Director of Service DeliveryOakroyd HallBirkenshaw

Dear Sir or Madam

Fire Safety – The Regulatory Reform (Fire Safety) Order 2005Boys Bar Boys Yard Leeds LS14 1BD

Please find herewith a Prohibition Notice No: RN:302 in respect of the above premises.

Your attention is drawn to the notes that accompany this Notice, which includes your right of appeal, and the possible inclusion of the Notice on a register to which the public have access.

Any queries concerning these matters may be directed to the officer named above.

Yours faithfully

John McCalisterFire Protection Manager

Enc:Prohibition NoticeNotes to Accompany Prohibition NoticePlan of premises

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REGULATORY REFORM (FIRE SAFETY) ORDER 2005 ARTICLE 31PROHIBITION NOTICE: RN:302

Responsible Person: Rental Ltd

Address of Responsible Person: Error: Reference source not found LS1 5PP

Address of Premises in question: Boys Bar Boys Yard Leeds LS14 1BD

I John McCalister of the West Yorkshire Fire & Rescue Service, and acting with the authority of the West Yorkshire Fire and Rescue Authority, Oakroyd Hall, Birkenshaw, West Yorkshire, BD11 2DY, hereby give you notice that the Fire and Rescue Authority are of the opinion that the use of the said premises as controlled by you, involves, or will involve, a risk to ‘relevant persons’ on the premises in the event of fire so serious that use of the premises ought to be restricted.

The Fire and Rescue Authority are further of the opinion that the matter(s) which give(s) rise to the said risk is:Inadequate means of escape in case of fire

and the Fire and Rescue Authority hereby direct that the use of the premises to which this Notice relates is restricted as follows:

The area shown hatched out on the plan attached to this notice should not be used by any ‘relevant person’.

Note: ‘relevant person’ means any person who is or may be lawfully on the premises and any person in the immediate vicinity of the premises who is at risk from a fire on the premises. See Note on the Schedule of Works attached with regard to persons carrying out any required remedial works.

until the matters specified above have been remedied.

The Fire and Rescue Authority are of the opinion that the risk of injury is imminent and the restriction is to take effect immediately.

The West Yorkshire Fire and Rescue Authority further direct that the steps specified in the Schedule, which forms part of this notice, shall be taken to remedy the said matters. To enable the work to be completed, the interim duties detailed on the schedule shall be completed and complied with during such remedial work.

This notice continues in force until the specified matters have been remedied and/or it is withdrawn by the Fire and Rescue Authority.

This is a relevant notice for the purposes of the Environment & Safety Information Act 1988.

Signature: Date: 15 October 2009

On behalf of and duly authorised by the West Yorkshire Fire & Rescue Authority

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WEST YORKSHIRE FIRE AND RESCUE AUTHORITY

File Ref:29:1559:-

THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005

PROHIBITION NOTICE: RN:302

SCHEDULE OF WORKS

1. Provide to the satisfaction of the Fire & Rescue Authority adequate means of escape from the second floor.

2. With regard to the item above please contact District Fire Protection Manager Jack Jones on 0123 456788, should you require further information on how to comply.

Note: During the above works and until such time as the prohibition/restriction notice is withdrawn the duties specified below shall be acted upon.

Only the minimum number of workers necessary shall be employed. Additional training and information shall be provided to those completing the works in the

potential dangers present. All workers to be instructed as to the escape routes available. Complete a risk assessment of the necessary works and how they are to be completed. Consider temporary means of raising the alarm by automatic means. Ensure the access and exit routes are maintained so as to be available and clear of debris. Strict control of ignition sources must be enforced – permit to work required for any hot work. Instruct and nominate a competent person as to the facilities available and method of calling

the fire service in the event of a fire.

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File Ref: 29:1559:-NOTES TO ACCOMPANY PROHIBITION NOTICE

SERVED UNDER ARTICLE 31 OF THEREGULATORY REFORM (FIRE SAFETY) ORDER 2005

1. Under Article 32(2)(h) of this Order it is an offence for any person to fail to comply with any prohibition or restriction imposed by a Prohibition Notice and renders the offender liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or to both.

2. In any proceeding for an offence referred to in Note 1, where the commission by any person of an offence under the Order, is due to the act or default of some other person, that person is guilty of the offence, and a person may be charged with and convicted of the offence whether or not proceedings are taken against the first mentioned person.

3. Nothing in the Order operates so as to afford an employer a defence in any criminal proceedings for a contravention of those provisions by reason of any act or default of an employee or person nominated to implement measures for fire-fighting, procedures for serious and imminent danger and for danger areas, or appointed to assist him/her in undertaking such preventive and protective measures as necessary.

4. Subject to Note 3, in any proceedings for an offence under the Order, except for a failure to comply with articles 8 (1)(a) (Duty to take general fire precautions) or 12 (Elimination or reduction of risks from dangerous substances), it is a defence for the person charged to prove that he/she took all reasonable precautions and exercised due diligence to avoid the commission of such an offence.

5. In any proceedings for an offence under the Order consisting of a failure to comply with a duty or requirement so far as is reasonable practicable, it is for the accused to prove that it was not reasonable practicable to do more than was in fact done to satisfy the duty or requirement.

6. A person on whom a Prohibition Notice is served may appeal under article 35 of the said Order to the magistrates’ court, for the area in which their premises is situated, within 21 days from the date on which the prohibition notice is served. The bringing of an appeal does not have the effect of suspending the operation of the notice, unless on the application of the appellant, the court so directs (and then only from the giving of the direction).

7. It should be noted that in order to satisfy the “Environment and Safety Information Act 1988” the Fire and Rescue Authority is obliged to enter details of any prohibition notice into registers to which the public have access. If you feel that any such entry would disclose secret or confidential trade or manufacturing information then you should appeal in writing to the Authority within a period of fourteen days following the service of the notice. A separate guidance note is included.

8. The works or actions specified in the Notice are only intended to reduce the excessive risk to a more acceptable level. The Notice is issued without prejudice to any other enforcement action that may be taken by this or any other enforcement authority.

9. The Fire and Rescue Authority would be willing to consider any reasonable proposal you may have to remedy the matters specified in the notice. Please contact the Officer who served the notice to discuss any such proposal.

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PUBLICATION OF NOTICES AVAILABLE TO THE PUBLIC

1. It should be noted that in order to satisfy the “Environment and Safety Information Act 1988” the Fire and Rescue Authority is obliged to enter details of any enforcement notice into a register to which the public have access. If you feel that any such entry would disclose secret or confidential trade or manufacturing information then you should appeal in writing to the Authority within a period of fourteen days following the service of the notice. A separate guidance note is included.

2. You should also be aware that information on the Notice may be disclosed following a request under the Freedom of Information Act 2000.

3. This notice may be published on other appropriate public registers to which the public have access. The Chief Fire Officers Association (cfoa) maintains such a public register on an online database available on their website. A copy of the Notice will be included and available via the internet 9 weeks after the date the Notice was issued. Follow the link to the home page www.cfoa.org.uk

4. Notices that are subject to Appeal or are withdrawn will not be included on the cfoa database.

5. The Notice will remain on the cfoa website for a period of 5 years.

6. Notices served on individuals under the age of 18 will be removed after 3 years.

7. After 5 years Notices served on companies are removed from the database and placed in the Notice History Database.

8. Should you not wish for this notice to be published and available on the cfoa database you should, within 14 days of the date of the Notice, write to the Fire & Rescue Authority at the address on the front of the covering letter stating your reasons.

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http://www.cfoa.org.uk/

ENVIRONMENT AND SAFETY INFORMATION ACT 1988

1. A notice which is relevant for the purposes of this Act (see Notice) will be included as an entry in public registers, including one which will be kept by the West Yorkshire Fire & Rescue Authority. A relevant notice is one, which does not impose requirements or prohibitions solely for the protection of persons at work.

2. The register entry shall be made within 14 days of either the right of appeal against the notice expiring, or of such an appeal being disposed of. Where a notice is cancelled on appeal no entry shall be made.

3. When an inspector is satisfied a relevant notice has been complied with an entry shall be made in the register to show this. If a notice is withdrawn or amended the entry shall be deleted or amended. These alterations of the register shall be made within 7 days.

4. Entries shall be kept in the register for a period of at least 3 years.

5. If you think that the entry for this notice on the register will disclose information about a trade secret or secret manufacturing process you should give written notification to the West Yorkshire Fire & Rescue Authority within 14 days. The West Yorkshire Fire & Rescue Authority will then draft an entry, which in its opinion will not reveal the secret, and serve this on you.

6. If you are not satisfied with this draft entry you may appeal within 14 days to the Secretary of State who may either decide that the entry should be made as drafted, or, if it is considered it does not afford reasonable protection to the secret, the Secretary of State may specify the form the entry should take.

7. If you make a written notification the West Yorkshire Fire & Rescue Authority will not make an entry in relation to the notice other than one which only specifies your name and address, identifies any place involved and specifies the relevant legal provisions. A fuller entry will only be made when (a) you give your written consent to the draft or (b) where no consent is given and the time allowed for appeal to the Secretary of State has expired, or (c) on appeal the Secretary of State has directed that an entry shall be made.

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Appendix 2

Mr R DalyMews Lodge100 Seally RoadLS12 0EW


Mr Brad Pitt is dealing with this matter


Directorate of Fire Safety &Community RelationsLeeds Fire Safety OfficeKirkstall RoadLeedsLS3 1NFTel: 0113 2904800Fax: 0113 290 [email protected]

Dear Sir

Fire Safety – The Regulatory Reform (Fire Safety) Order 2005Mews Lodge 100 Seally Road LS12 0EW




Yours faithfully

Ian BriggsFire Safety Support Manager

Enc:Prohibition NoticeNotes to Accompany Prohibition Notice

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Responsible Person: Mr R Daly

Address of Responsible Person: Error: Reference source not foundLS2 0ET

Address of Premises in question: Mews Lodge 100 Seally Road Leeds LS12 0EW

I Ian Briggs of the West Yorkshire Fire & Rescue Service, and acting with the authority of the West Yorkshire Fire and Rescue Authority, Oakroyd Hall, Birkenshaw, West Yorkshire, BD11 2DY, hereby give you notice that the Fire and Rescue Authority are of the opinion that the use of the said premises as controlled by you, involves, or will involve, a risk to ‘relevant persons’ on the premises in the event of fire so serious that use of the premises ought to be restricted.

The Fire and Rescue Authority are further of the opinion that the matter(s) which give(s) rise to the said risk is:

Inadequate means for raising the alarm in case of fire


The premises should not be used by relevant persons for any purpose involving the provision of sleeping accommodation.






This is a relevant notice for the purposes of the Environment & Safety Information Act 1988.

Signature: Date: 15 October 2009On behalf of and duly authorised by the West Yorkshire Fire & Rescue Authority

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File Ref:24:1310:-



SCHEDULE OF WORKS

Install means of raising the alarm in case of fire to the satisfaction of the Fire Authority.

You should contact Mr Brad Pitt at Leeds District Fire Safety Office, Kirkstall Road, Leeds LS3 1NF, telephone 0123 7668890 to discuss this matter further.





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NOTES TO ACCOMPANY PROHIBITION NOTICESERVED UNDER ARTICLE 31 OF THE

REGULATORY REFORM (FIRE SAFETY) ORDER 2005










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14. Appendices

Company SecretaryProperties LtdScot MillsDemburyDB1 1RT


Mr Jack Jones is dealing with this matter


Directorate of Fire Safety &Community RelationsHuddersfield Fire Safety OfficeOutcote BankHuddersfieldHD1 2JTTel: 01484 551820Fax: 01484 [email protected]

Dear Sir

Fire Safety – The Regulatory Reform (Fire Safety) Order 2005Must Mills Wallfield Road Dembury DB1 1 BT




Yours faithfully

Jack JonesFire Safety Group Manager

Enc:Prohibition NoticeNotes to Accompany Prohibition Notice

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Responsible Person: Properties Ltd

Address of Responsible Person: Scot MillsDemburyDB1 1RT

Address of Premises in question: Muste Mills Wallfield Road Dembury DB1 1 BT

I Jack Jones of the West Yorkshire Fire & Rescue Service, and acting with the authority of the West Yorkshire Fire and Rescue Authority, Oakroyd Hall, Birkenshaw, West Yorkshire, BD11 2DY, hereby give you notice that the Fire and Rescue Authority are of the opinion that the use of the said premises as controlled by you, involves, or will involve, a risk to ‘relevant persons’ on the premises in the event of fire so serious that use of the premises ought to be restricted.

The Fire and Rescue Authority are further of the opinion that the matter(s) which give(s) rise to the said risk is:

Inadequate means of escape in case of fire Inadequate means for raising the alarm in case of fire


The second and third floors should not be used by any relevant person.






This is not a relevant notice for the purposes of the Environment & Safety Information Act 1988.

Signature: Date: 15 October 2009

On behalf of and duly authorised by the West Yorkshire Fire & Rescue Authority of 25


File Ref:87:1889:-



SCHEDULE OF WORKS

1. Provide to the satisfaction of the Fire & Rescue Authority adequate means of escape from the any room after the first three rooms on the first floor.

2. Provide to the satisfaction of the Fire & Rescue Authority adequate means of giving warning to all persons frequenting the premises.

3. With regard to the items above please contact Mr A Hendry on 0123 567892, should you require further information on how to comply.





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File Ref: 87:1889:-NOTES TO ACCOMPANY PROHIBITION NOTICE

SERVED UNDER ARTICLE 31 OF THEREGULATORY REFORM (FIRE SAFETY) ORDER 2005










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