A takeaway franchisee and employer who allowed people to sleep in dangerous conditions, have been fined by a court and ordered to pay £15,400 in costs.
In December 2018 Kent Fire and Rescue Service (KFRS) building fire safety inspectors visited Jano Jabbarkhel and Sharbat Khan Jabarkhail at Tops Pizza in Lower Stone Street, Maidstone.
prohibition notice
They were issued with a prohibition notice to prevent anyone from living on the property, due to safety concerns linked to the lack of an adequate smoke alarm system and having no protected escape route.
A prohibition notice is a legal direction issued by KFRS when the lack of fire safety arrangements at a premise puts people’s lives at risk in the event of a fire.
unsafe compliance
People were found to be sleeping in the building in contravention of the notice
During an initial follow-up visit to Tops Pizza, where Jabbarkhel was the franchisee holder and Jabarkhail was the named employer, KFRS inspectors found they were complying with the requirement of the notice not to allow sleeping within the property, as remedial works had not yet been completed.
However, in September 2020 when a routine compliance check was carried out, people were found to be sleeping in the building in contravention of the notice, and the unsafe conditions remained.
£733 fine
Jabbarkhel and Jabarkhail, both of Hastings Road, Maidstone, were both sentenced on Wednesday, 12 October at Sevenoaks Magistrates’ Court, where they each received a fine of £1,000 reduced to £733 to reflect their early guilty pleas for the offense.
They were also each ordered to pay £7,700 in costs to KFRS and a victim surcharge of £66 was applied to each defendant. Jabbarkhel and Jabarkhail are no longer associated with the business or building.
fire compliance
Mark Woodward, KFRS’ Assistant Director for Customer and Building Safety, said, “The outcome of this case sends a clear and important message to anyone responsible for a business by law they must ensure their premises and employees are safe."
“KFRS is committed to ensuring that all buildings in Kent and Medway are fire compliant, and we will take all the necessary steps to make sure fire safety regulations are adhered to, including enforcement action and prosecution.”