20 Sep 2023

West Yorkshire Fire and Rescue Authority (WYFRA) brought a successful prosecution against Mr. Michael Gubbay, Director of Tuscola (109) Limited for failing to provide requested information to the Fire Authority about a premises in Leeds.

fire safety management

At the hearing at Leeds Magistrates’ Court on 14 September 2023, Mr. Gubbay, 63, who lives in Israel, pleaded guilty to failing to respond to an Article 27 request for information about the fire safety management arrangements at premises known as, Austin Hall, Servia Road Woodhouse Leeds LS7 1NJ.

Mr Gubbay, who was present in court, was prosecuted under Article 32(2)e of the Regulatory Reform (Fire Safety) Order 2005 and subsequently received a fine of £666, with £266 surcharge, and ordered to pay costs of £1878.

Article 27

Article 27 enables Fire and Rescue Authorities to request specific information about the safety of premises, Chris Kemp, Senior Fire Protection Manager said, “This case highlights how important it is for people with fire safety responsibilities to take them seriously. The current maximum fine for this type of offense is £1000, however from 1 October amendments brought in through the new Building Safety Act will remove that cap, providing courts with the ability to apply unlimited fines." 

He adds, “Where people or organizations persistently ignore formal, legal requests for information, especially relating to public safety we will continue to use our powers under the Regulatory Reform (Fire Safety) Order 2005 to safeguard the communities of West Yorkshire.