Licensed premises – how to comply with the new fire safety law

The new Regulatory Fire Reform Order, which affects all non-domestic premises in England and Wales, came into force on 1 October 2006. It replaced around 100 or so pieces of fire related legislation, including the old ‘Fire Certificate’. Under the new Order, anyone who is responsible for a business premises has to produce a suitable fire risk assessment and put procedures in place to address the risks identified. The government has produced comprehensive guidance documents for 11 categories of premises which explain how to manage this task. Bars, pubs and clubs fall into the “Small and Medium Places of Assembly’ category and the appropriate 145 page document can be purchased in hard copy format for £12 or downloaded free of charge from www.communities.gov.uk.

The Guidance Documents are designed to enable the responsible person to carry out a fire risk assessment, but this is often a complex task and the government therefore also recommends that expert help should be sought if you feel unable to apply the guidance yourself.

The Order states the responsible person is required to manage the following to ensure the safety of employees and others on the premises: fire risk assessments, fire safety policy, fire procedures, fire drills, means of escape, signs and notices, emergency lighting, fire alarm/s, fire extinguishers, fire doors and compartments and evacuations. Although fire certificates are no longer valid, if you are unsure where to begin, a fairly recent fire certificate will be a good starting point. And, in the case of buildings which were not fire certificated, most employers will have already addressed the items on the above list through their compliance with previous legislation such as the Fire Precautions Regulations 1997 (amended in 1999). However, the Guidance Document helps you set out policies which are appropriate to your type of premises and will also tell you what records have to be kept for inspection. A fire risk assessment forms the main ethos of the new Order and must be formally recorded if the responsible person employs five or more people, or if the type of premises,or the inspector, requires it. The Order also states that the risk assessment must be reviewed regularly to make sure it’s working and when significant changes to the building occur. The Order is enforced by Inspectors working for the Enforcing Authority, usually a fire officer.

Key Points:

Ken Day, who runs specialist fire company, Shrewsbury based Florian Fire, has assessed hundreds of licensed premises. He said, “In my experience, the risk of fire in bars and clubs in the UK is generally well controlled by virtue of the licensing authorities who impose frequent inspections. However here are the risks I frequently encounter and which are commonly overlooked...

• Obstructed exits – particularly where they discharge into rear yards or passages.
• Defective emergency lighting – this is usually due to lack of maintenance and testing.
• Slipping and tripping hazards in emergency evacuation scenarios – usually loose threshold strips and defective stair treads.
• Failure to enforce proper control over the number of persons admitted to the premises (a common risk during the Christmas party season).
• Failure to adequately review risk assessments particularly when combustible decorations or promotional materials have been introduced.
• Failure to ensure appropriate deep cleaning of kitchen extractor ducting. (Grease can still pass through cleaned filters and cause a build up in the interior surface of the ducting which often passes through false ceilings and cavities en route to the open air. A fire within the kitchen range will quickly pass into the ducting and ignite the grease. This was how the fire started which destroyed the South Mimms Motorway Services.)

He said it is also important to ensure that...

• Fire doors are checked regularly to ensure their effectiveness.
• Fire alarms are maintained 6 monthly and tested weekly.
• Fire extinguishers and other fire installations are maintained annually and checked weekly.
• Exit signs are checked on a frequent basis – these tend to be vandalized or removed.
• Staff undertake appropriate and sufficient training to enable them to carry out their duties effectively – this will include and understanding of fire prevention, a knowledge of the building and action in event of fire including use of fire extinguishers and evacuation procedures.

Reproduced by kind permission of 'Bar' magazine

top