Two men have been fined for preventing a fire safety visit in Newmarket

It's after a referral alleging that the upstairs area of the commercial unit was being used for sleeping accommodation.

Author: Collette HowePublished 21st May 2021

A director and employee of a Newmarket business have been ordered to pay a total of £1,536 in fines and costs, after preventing a Suffolk Fire and Rescue Service inspector from carrying out fire safety duties.

Mr Jerry Torty, 36 of Newmarket, an employee of Eastern Counties Refrigeration Limited, pleaded guilty to obstruction of a fire safety inspector who was attempting to undertake his duties under the of Regulatory Reform (Fire Safety) Order 2005. He was fined £202 and ordered to pay £500 in costs and a £34 victim surcharge at a hearing on 12 May 2021 at Ipswich Magistrates Court.

Mr Johnathan Ball, 65, a Director of Eastern Counties Refrigeration Limited based in Newmarket, had previously pleaded guilty to the corporate charge of obstruction. He was fined £400 and ordered to pay a further £400 in costs at a hearing on 17 March 2021 at Ipswich Magistrates Court.

The inspecting officer from Suffolk Fire and Rescue Service visited Eastern Counties Refrigeration Ltd on Minton Enterprise Park in Newmarket on 24 August 2020, to check compliance with fire regulations.

The visit was made with other agencies, following a referral alleging that the upstairs area of the commercial unit was being used for sleeping accommodation.

Witnesses from other authorities who were accompanying the visit, explained to the court how Mr Torty obstructed the fire officer by pushing and grabbing him, and attempting to forcibly eject him from the premises.

Dan Fearn, Temporary Chief Fire Officer, said:

"The safety and wellbeing of my team is paramount and I will not allow staff to be treated in such a way, which is why the service felt it important to prosecute these individuals.

"Officers are legally permitted to enter a premises at any reasonable time in such cases, when it is believed an inspection is necessary. My colleagues should not have to fear verbal or physical abuse whilst carrying out their job. They are working to ensure the safety of the public from the risk of fire.

"Fortunately, incidents such as this are rare. We regularly carry out such checks and in nearly every case, our officers are given the courtesy to do their work."

Councillor Matthew Hicks, leader of Suffolk County Council, said:

"I was upset to hear that one of our officers was treated in such a way, when they are simply doing their job. Their interests are solely to protect the public from the dangers of fire, protecting people's lives and livelihoods.

"I fully support the fire service for pursuing this prosecution. Such behaviour is rare, but it will not be tolerated."

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