Enforcement

Formal action

Alterations Notice

Where the Authority considers premises constitute a serious risk to persons, whether due to the features of the premises, their use, any hazard present, or any other circumstances; or premises may constitute such a risk if a change is made to them, or, the use to which they are put, it may serve on you, as the responsible person, an Alterations Notice. 

Where an Alterations Notice has been served, you must notify the Authority of the proposed changes before making: 

  • a change to the premises 
  • a change to the services, fittings, or equipment in or on the premises 
  • an increase in the quantities of dangerous substances in or on the premises 
  • a change to the use of the premises which may result in a significant increase in risk

Enforcement Notice

Where the Authority is of the opinion that, as a person being under an obligation to do so, you have failed to comply with the requirements placed on you by the Order, and that an Enforcement Notice is appropriate in the circumstances, you will be served with an Enforcement Notice. This is a serious legal notice and must not be ignored by the premises and the individual.  

Attached to the Notice will be a schedule specifying the matters that, in the opinion of the Authority, constitute failure(s) to comply with the Order. 

The schedule will also identify the steps that must be taken to remedy the specified failure(s), to ensure that you comply with the Order. 

Unless the steps identified in the schedule to the notice are taken by the specified date, it will be considered that you have not complied with the Notice and the Authority may consider a prosecution against you. You may, however, apply for an extension of time. 

Prohibition Notice

Where the inspector considers that the use of the premises involves, or will involve, a risk to persons on the premises in the event of fire so serious that use of the premises ought to be prohibited or restricted, then Lincolnshire Fire and Rescue Authority may serve a Prohibition Notice. The notice may prohibit use immediately, or after a specified time and not allow the premises to be used until remedial action has been taken. The notice will explain why the action is necessary. This is a serious legal notice and must not be ignored. 

If you have been issued a Prohibition Notice, please see further information available on our web pages. 

Legal Enforcement

The Authority will consider prosecution where for example, there is failure to comply with the fire safety duties imposed by the Order and that failure has put one or more relevant persons at risk of death or serious injury in case of fire. In addition, if there has been a failure to comply with any requirement or restriction imposed by a notice issued under the Order, then again consideration will be given to prosecution.