SalfordOnline

A FASHION store owner who featured in the TV documentary "Strictly Kosher" has been convicted of fire safety breaches which put staff and customers at risk at his Prestwich business.

Joel Lever, of Ringley Road, Whitefield, appeared before Bury and Rochdale Magistrates’ Court on Thursday, May 17, 2012.

The 47-year-old pleaded guilty to seven offences under the Regulatory Reform (Fire Safety) Order 2005 and one offence under the Health and Safety at Work Act following an inspection of Mon Amie Studios in Bury Old Road, Prestwich, in April 2011.

The independent fashion boutique was inspected by a specialist Fire Safety Officer on April 5, 2011, after operational crews had been prevented from inspecting it a number of times.

When officers arrived at the two-storey shop, they discovered a metal roller shutter covering a front door, which served as a fire door and escape from the first floor.

Two fire doors at the back were also blocked by shutters, meaning that had a fire occurred, none of these doors could have been used to escape.

A full inspection found that fire doors were not only blocked by the shutters but were also locked and the access routes were obstructed by furniture, an old till and various
boxes.

Although there was a fire alarm in the building it had not been serviced or maintained and did not extend to an office on the first floor. The office had windows which were barred on the outside, meaning that there was no way of detecting or giving warning if a fire occurred in the room.

Fire extinguishers had not been serviced on the annual basis required, with one last serviced in 1996, many of the escape routes were blocked by clothing rails, boxes and furniture, and a fire exit door was locked.

Staff told the officers inspecting that they had not had training and one staff member did not know where the fire exits were.

Officers were so concerned about the lack of escape routes and risk to staff and customers that a Prohibition Notice was served on the same day, restricting the use of the shop to within 20 metres of a an open door – at the time of the inspection this was the front door.

The court heard that when officers returned the following day there was nothing to stop customers wandering round the shop and some of the fire exits remained blocked.

Cassie Williams, prosecuting for Greater Manchester Fire and Rescue Authority, said Lever admitted that his Fire Risk Assessment was inadequate and this was one of the most serious charges.

Miss Williams also explained that a Prohibition Notice was a serious step and only served when there is an imminent risk to safety yet nothing had been done to comply with the notice.

David James, defending, said Lever accepted his failings and the matter was of deep regret and embarrassment to him.
Lever was fined a total of £5,200 for two of the offences with no separate penalties for the others. He was also ordered to pay costs of £3,178 and a £15 victim surcharge.

Peter O’Reilly, GMFRS’ Director of Prevention and Protection, said “This shop presented a catalogue of failings which together could’ve proved fatal. Mr Lever was responsible for undertaking a fire risk assessment for his shop and failed to do so, putting staff and customers at great risk.

“The locking of fire doors is totally unacceptable and common sense dictates that routes to and through fire exits should be kept clear. The fact that he’d installed fire extinguishers but failed to have them regularly tested indicates a complete disregard for fire safety.”

Notes
Lever was fined £2,600 each for failure to carry out a suitable and sufficient fire risk assessment and failure to comply with the Prohibition Notice.

The charges in full are below.
1. That JOEL LEVER, on or before 05/04/11having control of ‘Mon Amie Studios’ 480/482 Bury Old Road, Prestwich, BL9 5AH failed to safeguard the safety of all relevant persons in case of fire, by failing to make a suitable and sufficient fire risk assessment pursuant to Article 9 (1) of the Regulatory Reform (Fire Safety) Order 2005 which failure placed one or more persons at risk of serious injury or death in case of fire, contrary to Article 32 (1) (a) of the Regulatory Reform (Fire Safety) Order 2005.

2. That JOEL LEVER, on or before 05/04/11having control of ‘Mon Amie Studios’ 480/482 Bury Old Road, Prestwich, BL9 5AH failed to safeguard the safety of all relevant persons in case of fire, by failing to provide an adequate means of detecting and raising an alarm in the event of a fire in respect of the inner room on the first floor, system pursuant to Article 13 (1) (a) of the Regulatory Reform (Fire Safety) Order 2005 which failure placed one or more persons at risk of serious injury or death in case of fire, contrary to Article 32 (1) (a) of the Regulatory Reform (Fire Safety) Order 2005.

3. That JOEL LEVER, on or before 05/04/11having control of ‘Mon Amie Studios’ 480/482 Bury Old Road, Prestwich, BL9 5AH failed to safeguard the safety of all relevant persons in case of fire, by failing to provide a suitable system of maintenance in respect of the fire alarm and fire fighting equipment and ensure the same were maintained in efficient working order and good repair pursuant to Article 17(1) of the Regulatory Reform (Fire Safety) Order 2005 which failure placed one or more persons at risk of serious injury or death in case of fire, contrary to Article 32 (1) (a) of the Regulatory Reform (Fire Safety) Order 2005.

4. That JOEL LEVER, on or before 05/04/11having control of ‘Mon Amie Studios’ 480/482 Bury Old Road, Prestwich, BL9 5AH failed to safeguard the safety of all relevant persons in case of fire, by failing to ensure that escape routes were kept clear at all times, pursuant to Article 14 (1) of the Regulatory Reform (Fire Safety) Order 2005 which failure placed one or more persons at risk of serious injury or death in case of fire, contrary to Article 32 (1) (a) of the Regulatory Reform (Fire Safety) Order 2005.

5. That JOEL LEVER, on or before 05/04/11having control of ‘Mon Amie Studios’ 480/482 Bury Old Road, Prestwich, BL9 5AH failed to safeguard the safety of all relevant persons in case of fire, by failing to ensure fire exits were not locked or fastened so as to be easily and immediately opened by any person, pursuant to Article 14(2) (f) of the Regulatory Reform (Fire Safety) Order 2005, which failure placed one or more residents at risk of death or serious injury in case of fire, contrary to Article 32(1)(a) of the Regulatory Reform (Fire Safety) Order 2005.

6. That JOEL LEVER, on or before 05/04/11 having control of ‘Mon Amie Studios’ 480/482 Bury Old Road, Prestwich, BL9 5AH failed to safeguard the safety of all relevant persons in case of fire, by failing to ensure that employees were provided with adequate safety training pursuant to Article 21 (1) (a) of the Regulatory Reform (Fire Safety) Order 2005 which failure placed one or more persons at risk of serious injury or death in case of fire, contrary to Article 32 (1) (a) of the Regulatory Reform (Fire Safety) Order 2005.

7. That JOEL LEVER on or before 05/04/11 being an employer within the meaning of the Health and Safety at Work Act 1974 (“the Act”) whose employees were working at a workplace under his control and to which the The Health and Safety (Safety Signs and Signals) Regulations 1996 apply contravened the regulations by providing emergency exit signs that did not comply with Schedule 1 part II 3.4, contrary to s.33(1)(c) of the Health and Safety at Work Act 1974.

8. That JOEL LEVER, on 06/04/11 having control of ‘Mon Amie Studios’ 480/482 Bury Old Road, Prestwich, BL9 5AH failed to safeguard the safety of relevant persons in case of fire by failing to comply with a restriction imposed by Prohibition Notice No. 3684, pursuant to article 31 of the Regulatory Reform (Fire Safety) Order 2005, namely by failing to restrict the use of the ground floor within 20 metres of the available final exits, which failure placed one or more relevant persons at risk of death or serious injury in case of fire, contrary to Article 32 (2)(h) of the Regulatory Reform (Fire Safety) Order 2005.