Businesses such as fast-food outlets, takeaways, cafes and restaurants often have upper floors and basements used for sleeping accommodation, with direct access via a single unprotected staircase from the public or kitchen areas of the property.
Should a fire happen, these conditions greatly increase the risk of someone being injured or even killed. It is therefore important that you have the right fire safety arrangements to protect the lives of you, your family, employees and customers, but also your property and your business.
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What are your fire safety responsibilities?
The Regulatory Reform (Fire Safety) Order 2005 is the fire safety law that applies to your business. This means you are responsible for carrying out a fire risk assessment to protect people using your premises from the risk of fire.
The Building Safety Act 2022 – Section 156 came into effect on 1 October 2023. This new fire safety legislation imposes new duties on businesses and building owners. The main changes are as follows:
- YOU MUST have a WRITTEN fire risk assessment and fire safety arrangements, regardless of the size or purpose of the business or premises.
- Enhanced requirements for cooperation and coordination
- Provision of information to residents
What is a fire risk assessment?
This is thorough step-by-step look at your premises and the people who are likely to use it. It considers the risk of fire breaking out and what measures you need to put in place to keep people safe should a fire occur.
People that may be affected by a fire on your premises include customers, employees, people who live/sleep in the building, and people in or around the premises. The law applies at ALL times, whether the business is open or closed.
Fast food outlets, takeaways and restaurants often have a high risk of fire due to the cooking processes; this will present a greater risk to people living above the business who may become trapped in the event of a fire.
If anyone sleeps at the premises, YOU MUST improve your fire safety measures and/or construction to ensure all exit routes are safe for people to use, should a fire occur.
Five steps of a fire risk assessment
Step 1: Identify the hazards, sources of ignition and sources of fuel.
Step 2: Identify people at risk.
Step 3: Remove or reduce the risk and protect people from harm.
Step 4: Record, plan, inform, instruct, and train (record your findings, prepare an emergency plan and provide employees with training).
Step 5: Review and update the fire risk assessment regularly.
Fire Risk Assessment guidance for Offices and Shops
NFCC Business Fire Safety Awareness Tool
What you MUST do
- Consider if you need a fire alarm. Detection and warning are ALWAYS needed in places where people sleep.
- Keep escape routes clear of obstructions and things that can burn.
- Keep fire exits unlocked when required for emergency use.
- NEVER wedge open a fire door or remove a fire door self-closing device.
- Enclose staircases and corridors from sleeping areas in fire resisting construction to ensure ALL exit routes are safe.
- You will need to provide adequate information to all relevant persons (employees, customers and residents) on the fire safety measures you have provided.
- If you employ five or more people (including part-time workers), or if the business is licensed, the law states you MUST keep a written record of the significant findings of the fire risk assessment. We recommend keeping a record of this as good practice.
What happens if I don’t do a fire risk assessment?
- You are breaking the law and you could be putting people’s lives at risk.
- We may inspect your premises as part of our responsibility to enforce the law.
- A customer or someone working for you may report you to us if they feel at risk.
- If we think you need to improve your fire safety, we can give you advice on what measures may be appropriate for you to take, and agree a time period for you to make the improvements.
- We can also take formal legal enforcement action if you fail to comply.
- Where we find a serious fire risk that is not managed, we can prohibit part, or all, of your premises. Your business may be closed down.
- If you live on the premises, you may have to find somewhere else to stay.
Common fire risks in fast food outlets, takeaways and restaurants
- Fire-safe separation – with adequate fire safety separation, fires are less likely to spread through buildings.
- Ducting maintenance – cleaning ducting regularly decreases fire risk.
- Electrical lighting – flammable material too close to electrical lighting can increase the risk of fire.
- Electrical fires – electrical testing is a way to ensure that electrical appliances remain in good working order.
- Cooking techniques – overheating oils or deep fat fryers used improperly make you more susceptible to fire.
- Tumble dryers – check regularly for left-behind clothes or lint, as this can overheat and increase fire risk.
- Outdoor areas – patio heaters and gas supply needs to be handled by a competent person.
- Storage and rubbish – a routine of removing rubbish and storing away from the building will prevent accidental fires, plus deter potential arson attacks.
- Gaps and holes – damaged staircases and doors will spread smoke, delaying safe evacuation.
Don’t let this happen to you
A South West restaurant owner was ordered to pay nearly £20,000 in fines and costs after pleading guilty to six breaches of fire safety legislation. The local magistrates’ court fined the owner £3,000 per offence, which was reduced to £2,000 for his guilty plea, and also ordered him to pay full costs of £7,282.
Our Business Fire Safety Team can be contacted for further advice on 01722 691717 or email [email protected]