A Long-Standing Berkshire Case That Still Carries Important Lessons
A prosecution dating back to 2016 continues to serve as a powerful reminder that fire safety compliance applies to all businesses, regardless of size.
In this case, a Wokingham restaurant was fined thousands of pounds after inspectors identified widespread and serious failures to meet basic fire safety requirements.
Although the incident occurred several years ago, the principles behind the enforcement action remain just as relevant today — particularly for restaurants, takeaways, and other public-facing premises where staff and customers may be at risk.
Background to the Case
The prosecution involved The Far East Catering Company Ltd, which traded as the Taj Mahal Restaurant in Wokingham.
Following an inspection on 27 July 2015, Fire Safety Inspectors identified significant contraventions of fire safety legislation. Due to the seriousness of the findings, Royal Berkshire Fire Authority served a Prohibition Notice, restricting the use of the premises until safety concerns were addressed.
The case was later heard at Reading Magistrates’ Court on 8 September 2016, where the company was fined a total of £7,511.51 for breaches of fire safety regulations.
Legal Proceedings and Charges
The defendant company was represented by its director, Mr Bhuyia, who had already pleaded guilty at an earlier hearing to nine offences under the Regulatory Reform (Fire Safety) Order.
The court heard that the guilty pleas were entered at a previous hearing on 8 July 2016, relating to failures to take adequate fire precautions at the restaurant.
Despite the business being described as a small restaurant, the court made it clear that size does not reduce legal responsibility when it comes to fire safety.
Serious Fire Safety Breaches Identified
Fire Safety Inspectors found a number of serious and systemic failures, including:
Failure to Take Adequate General Fire Precautions
The business failed to implement appropriate measures to reduce the risk of fire and protect people in the event of an emergency.
Inadequate Fire Protection of Escape Routes
Fire escape routes were not adequately protected, meaning fire or smoke could compromise evacuation routes before occupants could escape safely.
No Emergency Lighting
The premises had no emergency lighting, increasing the risk of panic, trips, and falls if normal lighting failed during a fire.
No Fire Warning System
There was no fire alarm or warning system in place, meaning occupants would not receive early warning of a fire.
No Fire Risk Assessment
Perhaps most fundamentally, the business had no Fire Risk Assessment, meaning hazards had not been identified or controlled in line with legal requirements.
These breaches collectively represented a significant risk to both staff and members of the public.
Court Findings and Sentencing
The case was heard by District Judge Lachhar, who stated that even though the restaurant was small, business owners are still required to comply fully with fire safety regulations.
The judge emphasised that fire safety regulations exist to:
- Reduce the risk of fire
- Protect employees
- Safeguard members of the public
The offences were described as very serious, and the court stressed the importance of employers keeping up to date with current fire safety requirements.
Mitigating Factors Considered
The court did take into account several mitigating factors, including:
- The company complied quickly with the Prohibition Notice
- Enforcement Notice requirements were addressed
- Mr Bhuyia cooperated fully with the Fire Authority
- Attendance at a PACE interview for questioning
- Early guilty pleas entered
The company’s legal representatives also explained that its financial position could not support a heavy fine, which the court took into consideration.
Financial Penalties Imposed
The total amount ordered by the court was £7,511.51, made up of:
- £3,250 in fines
- £500 for each of the first four offences
- £250 for each of the remaining five offences
- £4,141.51 in prosecution costs
- £120 victim surcharge
The court ordered that the amount be paid within three months.
Fire Authority Statement
David Walden, Fire Safety Legal Support Manager at Royal Berkshire Fire Authority, said:
“As this case strongly illustrates, complying with fire safety legislation is not optional. Failure to do so can put people’s lives at risk, particularly in premises where both staff and members of the public resort.”
This statement reflects a consistent enforcement message that has remained unchanged over the years.
Why This Case Still Matters Today
This prosecution reinforces several important points for restaurant owners and hospitality businesses:
- Fire Risk Assessments are a legal requirement
- Fire alarms and emergency lighting are fundamental safety measures
- Escape routes must be protected at all times
- Small businesses are not exempt from compliance
- Prohibition Notices will be used where risks are severe
Many of the most serious fire safety breaches seen by inspectors are basic omissions — not complex technical issues.
Read the Original Fire Authority Report
You can read the original Royal Berkshire Fire Authority article here:
🔗 https://www.rbfrs.co.uk/latest-news/2017/resaurant-fined-for-serious-fire-safety-breaches/
Need Expert Help with Fire Safety Compliance?
Cases like this show why restaurants and hospitality businesses should work with competent fire safety professionals who understand both the legislation and local enforcement expectations.
At ESI: Fire Safety, our fire safety professionals support business owners across Berkshire, Surrey, and Hampshire with practical, legally compliant fire safety solutions.
We can help with:
- Professional Fire Risk Assessments for restaurants and takeaways
- Advice on fire alarms, emergency lighting, and fire doors
- Clear, prioritised action plans — not generic paperwork
- Ongoing compliance support following inspections
Our approach is built on experience, professionalism, and a commitment to no shortcuts in safety.
If you run a hospitality business and are unsure whether your premises meet current fire safety requirements, act now — before enforcement action or a serious incident puts lives and your business at risk.