A takeaway owner in Kidderminster has received a suspended prison sentence after repeatedly breaching a fire service prohibition notice and obstructing fire safety inspectors.
According to Hereford & Worcester Fire and Rescue Service (HWFRS), Ansar Javaid, sole trader of Milan Pizza on Comberton Hill, pleaded guilty at Worcester Crown Court on 8 October 2026 to two offences under the Regulatory Reform (Fire Safety) Order 2005: breaching a prohibition notice, and intentionally obstructing fire safety inspectors. The case was published by HWFRS earlier this month and picked up by the Fire Protection Association this week.
What happened
HWFRS served a prohibition notice on 6 December 2024 that barred use of the upper floors of the premises because of what the service described as a significant risk to life. That notice was then repeatedly breached.
The service reports that inspectors found:
- A fire alarm that had been deliberately tampered with – sounders removed and smoke detectors covered.
- Unprotected escape routes and locked final exits.
- Inadequate firefighting equipment.
- Numerous breaches of compartmentation, which would let fire and smoke spread quickly.
The judge called the property a "death trap" and, according to HWFRS, said Mr Javaid had knowingly breached the notice, ignored repeated warnings and obstructed officers to save money. The judge also said that, had a fire caused a death, he could have faced far more serious charges.
The sentence, as reported by the service, was two years' imprisonment suspended for two years, 100 hours of unpaid work, fines totalling £15,000, prosecution costs of £11,458.70 and a £2,000 victim surcharge – £28,458.70 in total. He must also work with the service to make the premises compliant, and the judge warned that any further breach could mean immediate custody.
Why this case matters
I see small mixed-use buildings like this all the time across the East Midlands – a shop or takeaway on the ground floor, with rooms or a flat above. They are some of the highest-risk premises we assess, because a fire in a commercial kitchen can quickly cut off the only way out for anyone upstairs.
Three points stand out.
1. A prohibition notice is not a suggestion. Under Article 31 of the Fire Safety Order, the fire service can prohibit or restrict use of premises where it judges the risk to people is serious enough – including risks to their ability to escape. The restriction stays in place until the matters in the notice are put right. Failing to comply is an offence under Article 32 and, on indictment, can carry up to two years' imprisonment.
2. Disabling a fire alarm is about as serious as it gets. Covering detectors or removing sounders to stop "false alarms" takes away the early warning that gives people time to escape. If your system is causing nuisance alarms, the answer is to get it serviced and the cause fixed by a competent engineer – never to switch it off.
3. Obstruction makes things worse, not better. Intentionally obstructing an inspector is a separate offence under Article 32. Working openly with your fire service is always the better route, even when you know things aren't right.
What this means for you
This case involves a takeaway, but the lessons apply to anyone who is a responsible person, including:
- Landlords and HMO operators – especially where flats or rooms sit above commercial units.
- Housing providers and managing agents with mixed-use blocks.
- Care and supported housing operators, where residents may need more time and help to escape.
- Business owners of shops, takeaways, pubs and hotels with any sleeping accommodation.
Practical checklist
- Have a suitable and sufficient fire risk assessment – and make sure it covers the whole building, including the interface between commercial and residential parts.
- Check your fire alarm is fully working. No covered detectors, no missing sounders, regular testing and servicing, and records kept.
- Keep final exits unlocked and openable without a key whenever people are in the building.
- Protect escape routes. Stairs and corridors should be kept clear, with fire doors that close and latch properly.
- Check compartmentation. Holes around pipes and cables, missing ceiling tiles and poor-quality alterations all let smoke travel.
- If you receive a notice, act on it straight away. Read it carefully, comply with any restriction and get competent advice on the works needed.
- Respond to fire service letters and requests promptly, and keep your fire safety records ready to share.
How Obelisk can help
At Obelisk Fire Safety we carry out fire risk assessments to BS 9792:2025 for housing and PAS 79-1:2020 for other premises, along with fire door inspections and surveys, nationwide, with a focus on the East Midlands and surrounding areas. If you've had a visit from your fire service, or you're not sure your building would stand up to one, we can help you understand where you stand and what to fix first.
Contact us at info@obeliskfire.co.uk or call 07407 156178.
This article is for general information and does not constitute legal advice.
Sources
- Hereford & Worcester Fire and Rescue Service – Kidderminster business owner sentenced following serious fire safety offences (9 October 2026)
- Fire Protection Association – Fire & Risk Management Journal news: "Kidderminster business owner sentenced for serious fire safety breaches" (31 October 2026)
- legislation.gov.uk – Regulatory Reform (Fire Safety) Order 2005, Article 31 (Prohibition notices)
- legislation.gov.uk – Regulatory Reform (Fire Safety) Order 2005, Article 32 (Offences)