Agenda item

The report summarised Lancashire Fire and Rescue Service (LFRS) prosecutions pertaining to fire safety offences under the Regulatory Reform (Fire Safety Order) 2005. There were currently three cases in the court system for offences with one set for trial in April 2024, one was set for trial starting in July 2024, and the third was set for trial starting in June 2025.

One case had now concluded and the landlord had pleaded guilty to six breaches of the Regulatory Reform (Fire Safety) Order 2005. On 19 March 2024, sentencing took place where the landlord was sentenced to three months imprisonment for failure to comply with six articles of the Fire Safety Order and ordered to pay £10,414.51 in costs to Lancashire Fire and Rescue Service.

Protection teams continued to investigate and build files in relation to eleven further cases where offences were believed to have been committed, which involved a number of types of premises as outlined in the report. It was highlighted that LFRS Protection Department was also supporting a joint enforcement case with a local authority, Health & Safety Executive and Lancashire Constabulary regarding a complex mill converted to residential accommodation.

Given the rapidly evolving regulatory change in building fire safety, an update on Fire Protection and Business Support was also provided, detailing how the Service was adapting delivery whilst developing its workforce, to ensure that it kept pace with the changes and improved public and firefighter safety within the built environment.

Members noted during the 23/24 performance year to end February 2024, there had been 3,112 business fire safety checks delivered. Around 428 had led to unsatisfactory outcomes and were triaged by Fire Protection teams during the period with both informal and formal enforcement taken. 

LFRS continued to embed legislative changes which came into force from 1 October 2023 amendments of the Regulatory Reform (Fire Safety) Order 2005, which had been introduced under Section 156 of the Building Safety Act 2022. These amendments required that all responsible persons must record the fire risk assessment in full (including the findings) along with the fire safety arrangements for premises in all circumstances.

The new Building Safety Act and Building Safety Regulator (BSR) continued to be developed. Following a competitive interview process, a new Northwest Regional Building Safety Manager had been appointed who would be hosted by Greater Manchester Fire and Rescue Service (GMFRS,) and would work directly with the LFRS newly appointed BSR lead.

LFRS built environment officers continued to pursue the principle accountable persons for tall buildings that had failed to meet their new legislative requirements by 28 February 2024.

To date, only 25% of Lancashire’s 48 residential tall buildings had submitted all of the mandatory building information they were now legally required to provide both to the BSR and the local Fire and Rescue Service. Of the 75% that remained, a vast majority had submitted parts of the information but had failed to provide it all despite several requests. Following several engagements with responsible persons, LFRS would seek to formally request the provision of that information through proportionate use of the Fire Safety Order.

Members also noted arson risk reduction included: one case with one defendant who, following a guilty plea to ‘arson with reckless’ was sentenced to 18 months imprisonment; one case with one defendant who pleaded guilty to Arson with intent to endanger life and was sentenced at Preston Crown Court to 12 years imprisonment, and; two defendants that received youth cautions for an incident that involved fire in an outdoor timber play area at a Pre-School Nursery.

Resolved - That the Authority noted the report.