Barrow restaurant host avoids jail by ‘a hair’s breadth’
Last updated at 17:12, Wednesday, 15 January 2014
A BARROW restaurant host who was in charge of a restaurant when a prohibition order was breached has been given a suspended sentence.
Ferdous Ahmed, a front-of-house man at the Mithali restaurant in Dalton Road, Barrow, was also fined £2,000 and told to pay £2,000 costs over the breach dating back to July 2012.
An inspection resulted in the discovery that someone was sleeping on the second floor, in breach of a prohibition notice. A door was propped open with a fire extinguisher.
People were barred from sleeping on the second or third floors.
At the time Ahmed was already on a suspended sentence arising from an earlier similar prosecution.
The 37-year-old, who gave his address as Oxford Street, Barrow, at a court appearance in October, had pleaded guilty to a single offence of failing to comply with a prohibition notice.
He had pleaded on the basis that for three days he had been running the family business because his father, who owned it, was incapacitated.
Back in May 2011 he was given six months suspended for two years for eight offences of a similar nature.
Mr Chris Hudson, prosecuting on behalf of Cumbria Fire and Rescue Service, said that following the earlier court case significant improvements were made regarding fire safety arrangements on the ground and first floors.
It was still thought there were still significant risks and inadequate escape and fire prevention measures for people on the second and third floors.
The prohibition notice was changed to allow sleeping on the first floor, but the prohibition stayed in place regarding the upper floors.
An inspection was later carried out on July 6, 2012. Six men were sleeping in a first floor room.
Another person was sleeping on the second floor.
Mr James Heyworth, defending, said “Apart from those three days in July 2012, he has done what he can to make sure the business has been run efficiently and properly.”
The barrister said the previous case had been far more serious. After that there had been real and significant improvements in running the Mithali.
“There was an inspection by Barrow Borough Council in November and no concerns were raised then.”
Judge Michael Byrne told Ahmed: “By a hair’s breath I feel driven against my better wishes and constrained to tell the defendant that he will not go into custody today".
First published at 16:17, Wednesday, 15 January 2014
Published by http://www.nwemail.co.uk
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Yet another u -turn by the courts, after stopping someone's curfew so they can go on holiday, they ignore the previous sentence on this guy and let him escape Jail. Our justice system is a complete joke.