Business Proprietor Fined For Breaching Health And Safety Laws

Business Proprietor Fined For Breaching Health And Safety Laws

26/7/19 - A business proprietor in Beeston was given a £975 fine after being found guilty of contravening health and safety legislation at Nottingham Magistrates’ Court. He was also ordered to pay £2,190 costs and a £97.50 victim surcharge.

Ali Shirzad, 40, of Station Road, Beeston is the business proprietor of Beeston Break at 2 Wollaton Road, Beeston.  In 2011, Mr Shirzad carried out internal works at Beeston Break which resulted in the only access to the first floor toilet and changing facilities being from the external yard by climbing up some unsafe steps and then climbing onto and walking across a sloping roof.  The steps had no hand rail or fall protection, were not non-slip, were not fixed securely and did not extend high enough to allow continuous stepping onto the roof area.  The roof was in very poor repair, was sloping and slippery, had no edge or fall protection and could not be demonstrated as strong enough to take the weight of a person.

On the 8th August 2011, a Broxtowe Borough Council Health and Safety Inspector issued a Prohibition Notice to Mr Shirzad prohibiting access to and egress from the first floor premises with immediate effect as the access/egress was deemed to give rise to a risk of serious personal injury.  A Prohibition Notice is one of the most serious notices that can be imposed by the Council’s Inspectors and continues in force until the risk of serious personal injury is no longer present.

Evidence was obtained that Mr Shirzad had breached the Prohibition Notice on several occasions between the 2nd March 2018 and the 12th June 2018, putting himself and others at serious risk.

After a contested trial on the 22nd July 2019, Magistrates found Mr Shirzad guilty of breaching the notice and issued him with the above financial penalty. 

Councillor Pat Lally, the Council’s Chair of Community Safety, said, “I am very pleased that the diligent work undertaken by officers in this case has resulted in a positive outcome.  Hopefully, this will send out a clear message that Broxtowe Borough Council takes the issue of health and safety at work very seriously”.

Work at height is still one of the biggest causes of workplace fatalities and major injuries. Work at height includes where a person could fall a distance liable to cause personal injury - this could include through fragile roofs or falls from ladders.  Where work at height cannot be avoided, prevent falls by using the right type of equipment including where needed, fall protection or ensure the workplace is safe to start with, with properly constructed stairs, guardrails and access routes.  If you engage someone to do work for you, make sure they are competent (have the correct skills, knowledge and experience) to work at height safely.

Find more guidance on working at height. (Opens in a New Window)

For more information, please contact Broxtowe Borough Council on 0115 917 3575 or email legalservices@broxtowe.gov.uk


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