Article 31 Prohibition Notices 147.06kb

Fire Protection Procedure & Guidance
Prohibition Notices
Ref 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
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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.
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
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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 -
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
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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
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.
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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.
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
West Yorkshire
Fire & Rescue Authority
Company Secretary www.westyorksfire.gov.uk
Rental Ltd
123 Wholehall Street Director of Service Delivery
LS1 5PP Oakroyd Hall
Birkenshaw
File Ref: 29:1559:-:

Date: 15 October 2009
Form No: FSLET007A
Mr Roger Moore is dealing with this matter
Dear Sir or Madam
Fire Safety – The Regulatory Reform (Fire Safety) Order 2005

Boys 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 McCalister
Fire Protection Manager
Enc:
Prohibition Notice
Notes to Accompany Prohibition Notice
Plan of premises
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REGULATORY REFORM (FIRE SAFETY) ORDER 2005 ARTICLE 31
PROHIBITION 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
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 THE
REGULATORY 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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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
West Yorkshire
www.westyorksfire.gov.uk
Mr R Daly
Mews Lodge Directorate of Fire Safety &
100 Seally Road Community Relations
LS12 0EW Leeds Fire Safety Office
Kirkstall Road
Leeds
File Ref: 24:1310:-: LS3 1NF
Date: 15 October 2009 Tel: 0113 2904800
Form No: FSLET007A Fax: 0113 290 4838
leeds.district@westyorksfire.gov.uk
Mr Brad Pitt is dealing with this matter
Dear Sir

Mews Lodge 100 Seally Road LS12 0EW
Yours faithfully
Ian Briggs
Fire Safety Support Manager
Enc:
Prohibition Notice
Page 14 of 25
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.
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.
such remedial work.
This is a relevant notice for the purposes of the Environment & Safety Information Act 1988.

Page 15 of 25
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.

Page 16 of 25
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
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).
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
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.
Page 17 of 25
www.cfoa.org.uk
Page 18 of 25
on you.
Page 19 of 25
14. Appendices
West Yorkshire
Company Secretary www.westyorksfire.gov.uk
Properties Ltd
Scot Mills Directorate of Fire Safety &
Dembury Community Relations
DB1 1RT Huddersfield Fire Safety Office
Outcote Bank
Huddersfield
File Ref: 87:1889:-: HD1 2JT
Date: 15 October 2009 Tel: 01484 551820
Form No: FSLET007A Fax: 01484 551835
kirklees.district@westyorksfire.gov.uk
Mr Jack Jones is dealing with this matter
Dear Sir

Must Mills Wallfield Road Dembury DB1 1 BT
Yours faithfully
Jack Jones
Fire Safety Group Manager
Enc:
Prohibition Notice
Page 20 of 25
Responsible Person: Properties Ltd
Address of Responsible Person: Scot Mills

Dembury
DB1 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.
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.
such remedial work.
This is not a relevant notice for the purposes of the Environment & Safety Information Act
1988.
Page 21 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.

Page 22 of 25
File Ref: 87:1889:-
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
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).
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
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.
Page 23 of 25
www.cfoa.org.uk
Page 24 of 25
on you.
Page 25 of 25

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Fire Protection Procedure & Guidance

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

2. AUTHORISATION TO SERVE A PROHIBITION NOTICE

3. WHEN TO SERVE A PROHIBITION NOTICE

4. PREMISES ON WHICH A NOTICE MAY BE SERVED

Fire Safety Order

Health & Safety at Work

7. PROCEDURE TO ISSUE A PROHIBITION NOTICE

Fire Safety Inspector

Fire Protection Manager/Assistant

8. PRODUCING A PROHIBITION NOTICE

In this Authority all Notices will include measures to be taken

9. WHO TO SERVE THE NOTICE ON

10. SERVING A PROHIBITION NOTICE

 why the Notice was served,

A prohibition notice is not suspended on appeal.

11. LIAISON WITH OPERATIONAL CREWS

If a restriction or prohibition is placed on premises which normally have a reduced predetermined

12. MONITORING AND COMPLIANCE

 It was issued in error; or

13. CONSIDERATION FOR WITHDRAWING THE NOTICE

File Ref: 29:1559:-:

Mr Roger Moore is dealing with this matter

Dear Sir or Madam

Fire Safety – The Regulatory Reform (Fire Safety) Order 2005

Responsible Person: Rental Ltd

Signature: Date: 15 October 2009

THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005

PROHIBITION NOTICE: RN:302

 Only the minimum number of workers necessary shall be employed.

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

Fire Safety – The Regulatory Reform (Fire Safety) Order 2005

Responsible Person: Mr R Daly

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

Inadequate means for raising the alarm in case of fire

Signature: Date: 15 October 2009

THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005

PROHIBITION NOTICE: RN:300

 Only the minimum number of workers necessary shall be employed.

3. Nothing in the Order operates so as to afford an employer a defence in any criminal

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

Fire Safety – The Regulatory Reform (Fire Safety) Order 2005

Responsible Person: Properties Ltd

Address of Responsible Person: Scot Mills

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

 Inadequate means of escape in case of fire

until the matters specified above have been remedied.

Signature: Date: 15 October 2009

THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005

PROHIBITION NOTICE: RN:301

 Only the minimum number of workers necessary shall be employed.

3. Nothing in the Order operates so as to afford an employer a defence in any criminal

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

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