Hull businessman fined more than £30,000 after staff found illegally sleeping in factory twice

Peng Fei Wang, also known by the names David Wang and David Wong, appeared at Hull Crown Court on Thursday (October 6) and pleaded guilty to breaching two separate Prohibition Notices served to him in 2019 and 2020 at a premises on Stockholm Road in Hull.

The company, TD Polymer Ltd, formally known as Sun Polymer UK Ltd, was a large single storey plastics factory on Sutton Fields Industrial Estate.

The factory was in full production 24 hours a day converting waste plastic into plastic moulding pellets.

When Humberside Fire and Rescue Service (HFRS) inspectors visited the premises on June 26, 2019 they found beds and bedding and other evidence of living and sleeping in the adjoining main factory office and separate office block.

A Prohibition Notice was served to Wang stating that “the premises must not be used for living and / or sleeping accommodation”.

The Fire Service said there was a serious risk to anyone sleeping on the premises should a fire have broken out.

When HFRS staff returned a month later, they saw numerous rooms and offices still with beds made up with bedding and duvets as well as suitcases, clothes and other evidence of living and sleeping.

Another notice was served on the same site on January 22, 2020 to Wang, who once again was found to have ignored its terms when Humberside Police officers and HFRS Protection staff visited three months later.

HFRS employed the services of barrister Sailesh Mehta of Red Lion Chambers in London to take the case to court.

Judge John Thackray KC said ‘it was only good fortune that there was not a death or serious injury’ as he sentenced Wang to a 12 month suspended jail sentence, a £10,000 fine, 35 rehabilitation days and 150 hours of community service as well as costs of £21,000 to be paid within two months.

Following the hearing, Niall McKiniry, HFRS Executive Director of Service Delivery, said: “Our staff have worked tirelessly for over two years to bring this successful prosecution. As a service, our main priority will always be fire prevention, but the flagrant disregard for the safety of staff in this case and the wilful breach of a Prohibition Notice on two separate occasions left us no option but to apply the full force of the law.

“The consequences of a fire at this factory would have been catastrophic with inadequate smoke detection and the close proximity of those illegally sleeping in the adjoining buildings.

“We will not hesitate to do the same again and we hope that this sends a clear signal to other business owners that the safety of those in their factories or places of work has to be the number one priority.

“However, I would urge those owners to seek advice from us if they are unsure as to their responsibilities and our experienced team can help them comply with current fire safety legislation.”