Crewe pizza shop owner escapes jail: tenants could have died in blaze at firetrap premises
By Gwyn Griffiths
22nd Oct 2021 | Local News
A WOMAN only escaped from smoke-logged premises above a Crewe pizza takeaway when she was alerted by someone banging on her bedsit door, a court heard.
Victoria Clarke was unaware a fire had spread from the food outlet below her boyfriend's living accommodation because the premises had no fire alarms or working smoke detectors.
The first floor was smoke-logged by the time she opened the door. Chester Crown Court heard she and the bedsits' tenants were "fortunate not to have died or suffered serious injury" after the blaze broke out in ducting in the kitchen of the Victoria Street business on Saturday, March 23, 2019.
Takeaway owner Abdul Rajab and his company, Shark Crewe, were prosecuted after a Cheshire Fire and Rescue Service investigation.
Rajab was handed a 12-month prison sentence, but Judge Justice Michael Leeming suspended the punishment for 18 months because he accepted the defendant was ignorant of the fire safety laws rather than having shown a "wilful blindness" to them.
The court heard the premises, consisting of a pizza takeaway and bedsits above at 95/96 Victoria Street, were a firetrap which put staff and residents at serious risk over a period of time.
Fire officers found there were no fire detection devices on the ground and first floor, two smoke alarms on the first floor, including one in the upstairs dining area, didn't work and access to emergency escape routes were blocked by items, including a mattress.
A fire extinguisher hadn't been serviced for more than three years.
The fire broke out at 7pm and spread from the ground floor kitchen to the first-floor living accommodation.
At the time there were three people in the flats; Ms Clarke, who was visiting her boyfriend, and tenants David Walkdean and Jason Halsall.
"She [Ms Clarke] was only alerted when someone banged on the door shouting 'get out, get out'," said the judge.
"There was a failure to ensure emergency routes were clear. They were compromised by combustible items on the stairs. This was a particularly serious breach given the risk of death or injury."
One potential escape route into a store room wasn't possible because the access was blocked by items, including a mattress.
No-one was hurt in the fire, but afterwards the premises were placed under a prohibition order by the fire service and an investigation was carried out. Officers found a widespread neglect of fire safety regulations.
Rajab had failed to provide adequate separation between the ground floor and first floor, enabling the fire to take hold.
There was also no fire evacuation procedures in place and staff and residents were not provided with training or guidance on what to do in the event of a fire.
"The premises were heavily smoke-logged and the fire was a significant one involving industrial ovens and cooking rings. It spread through the kitchen, but there was insufficient separation between it and the top floor above to escape safely," said the judge.
One tenant opened his door to find smoke in the communal dining area.
The judge said "serious breaches" were discovered by the fire service probe.
The court heard that before the fire Rajab, presented with "difficulties" with the tenancies, had tried to switch their responsibility over to the landlord whom he rented the premises from.
A pre-sentence report said the breaches were down to "ignorance rather than a lack of effort" by Rajab, who apologised for his "failings".
"It wasn't a case of taking short cuts to save money; he had no experience of running a business and he had no awareness of fire safety regulations," the report stated.
Rajab, 33, of Lower Breck Road, Liverpool previously pleaded guilty to 10 fire regulation charges:
* failing to take general fire precautions to ensure the safety of employees, which placed one or more people at risk of death or serious injury, on or before March 25, 2019.
- failing to make a suitable fire risk assessment
- failing to make arrangements for the planning, control monitoring and review of fire safety measures
- failing to provide adequate fire detectors and alarms
- failing to maintain adequate fire separation between the ground floor and first floor
- failing to keep clear emergency exits and routes
- failing to provide emergency routes and exits with adequate signage
- not having a fire evacuation procedure
- failing to ensure the premises and facilities were subject to suitable maintenance and in good repair
- and failing to provide adequate fire safety training.
He also entered guilty pleas on behalf of Shark Crewe Ltd for identical breaches.
The Libyan national, who has been living in the UK since 2010 after fleeing his country's civil war, appeared for sentencing at the crown court.
The court was told Shark Crewe Ltd had been wound up, although the judge said if it hadn't it would have been liable to a fine of "tens of thousands of pounds".
A £1 nominal fine was imposed on the company. But Rajab will have to fork out a contribution of £6,500 towards prosecution costs.
He was also ordered to complete 200 hours of unpaid work.
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