A Stark Reminder That Fire Safety Failures Can Lead to Criminal Convictions
A successful prosecution in Reading has demonstrated just how seriously fire authorities and the courts treat persistent and serious fire safety failures.
This case, involving a restaurant business owner, shows that non-compliance with fire safety legislation can result not only in fines, but also criminal convictions and custodial sentences.
The prosecution was brought by Royal Berkshire Fire Authority following the identification of extensive fire safety breaches at a commercial premises in Reading town centre.
Background to the Case
The defendant, Mr Sharhan Safie, was the business owner of Paya Restaurant, located on London Street, Reading.
Following a fire safety inspection, officers identified multiple serious breaches of the Regulatory Reform (Fire Safety) Order 2005. These breaches were considered so severe that the case progressed beyond informal enforcement measures and into the criminal courts.
On 8 November 2019, Mr Safie pleaded guilty at Reading Magistrates’ Court to nine separate charges, all relating to failures under the Fire Safety Order.
Serious Fire Safety Breaches Identified
Fire safety inspecting officers found widespread and systemic failures, including:
Inadequate Means of Escape
The premises failed to adequately protect the means of escape, placing occupants at serious risk in the event of a fire. Escape routes must be protected, unobstructed, and suitably fire-resisting to allow people to evacuate safely.
Fire Doors Missing or in Poor Condition
There was a lack of sufficient fire doors, and those that were installed were found to be in a poor state of repair. Fire doors are critical life safety features that slow the spread of fire and smoke, protecting escape routes and buying time for evacuation.
No Suitable Fire Alarm System
The premises did not have a suitable fire alarm system in place. Early detection and warning are fundamental requirements under the Fire Safety Order, particularly in hospitality settings where public access and high occupancy levels are common.
No Fire Safety Drill or Procedures
There was no fire safety drill procedure, meaning staff were not trained or prepared to respond appropriately in the event of an emergency.
Defective Emergency Lighting
Emergency lighting was found to be defective, increasing the risk of panic, falls, or disorientation during an evacuation, especially if normal lighting failed.
Failure to Act After Inspection
Perhaps most concerning was that Mr Safie failed to undertake a Fire Risk Assessment and did not make adequate fire safety arrangements after the inspection had already highlighted serious deficiencies.
This failure to act significantly escalated the severity of the case.
Court Outcome and Sentencing
Given the seriousness of the breaches and the continued non-compliance, the case was referred to the Crown Court for sentencing.
On 3 July 2020, the court imposed the following penalties:
- Seven-month custodial sentence, suspended for 18 months
- At least 10 days Rehabilitation Activity Requirement
- 180 hours of unpaid community work, to commence once COVID-19 restrictions were eased
- £2,000 fine
This outcome clearly demonstrates that fire safety breaches are treated as criminal matters, particularly where there is a failure to act after enforcement intervention.
What the Fire Authority Said
Jess James, Group Manager for the Fire Safety Legal, Technical and Enforcement Hub, commented:
“This prosecution highlights that while we will always seek to work with business owners to maintain fire safety standards in premises with prosecution considered as a last resort, we do also have a duty to keep our communities safe and this case is evidence that if our residents are put at risk, we won’t hesitate to prosecute.”
Why This Case Is So Important
This prosecution underlines several critical points for business owners across Berkshire:
- Fire safety enforcement does not stop at fines
- Persistent non-compliance can result in criminal convictions
- Failure to act after an inspection significantly increases legal risk
- Restaurants and hospitality venues are high-risk environments
- Documentation alone is not enough — action must follow
Fire Risk Assessments are only effective if their findings are implemented. Ignoring known deficiencies is one of the fastest ways to escalate enforcement action.
A Clear Message to Business Owners
This case sends a clear message:
Fire safety compliance is a legal duty, not a choice.
Fire authorities will work with businesses wherever possible, but when serious risks remain unresolved, they will act decisively to protect the public.
For the original Fire Authority report, see:
🔗 https://www.rbfrs.co.uk/latest-news/2020/successful-prosecution-following-serious-fire-safety-breaches/
Need Expert Help with Fire Safety Compliance?
Cases like this show why working with competent, experienced fire safety professionals is essential — particularly for restaurants, takeaways, and other public-facing premises.
At ESI: Fire Safety, our fire safety professionals support business owners, landlords, and managing agents across Berkshire, Surrey, and Hampshire with practical, legally compliant fire safety solutions.
We can help with:
- Professional Fire Risk Assessments
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- Ongoing compliance support following inspections or enforcement visits
Our approach is built on real-world experience and a commitment to no shortcuts in safety.
If you are unsure whether your premises meet current fire safety requirements, act now — before enforcement action, prosecution, or a serious incident puts lives and your business at risk.