Relative attacks ‘travesty’ of fine for fatal fire

John Hughes, the son of Monica Hughes and brother of Peter, who both died in the Penhallow Hotel in Newquay in August 2007, attacked the sum that O&C Holdsworth, its owner, was ordered to pay after the company admitted it failed to ensure there were adequate fire alarms and smoke detectors or make an adequate risk assessment.

The blaze was later described by firefighters as the worst hotel fire in Britain for 40 years.

Truro Crown Court heard that the hotel had been warned that its equipment did not meet new fire safety regulations which came into force in 2006, and told to replace it. But the firm said the warnings had not been passed on by hotel management.

Judge Paul Darlow said O&C had been “reckless” and was responsible for a “systemic failure” in the way it organised its fire safety but was not directly responsible for the fire and it was not certain better alarms would have prevented the deaths.

Outside court, Mr Hughes said: “To say I am disappointed with it is an understatement, it is a travesty of a fine. By their own admissions of guilt they are responsible for three deaths, including those of my mother and my brother.

“It should have been at least £500,000 in my estimation. I was hoping that a large fine would have sent a message to the hotel industry at least.”

Mrs Hughes, 86, 43-year-old Peter and 80-year-old Joan Harper, were unable to escape. Mr Hughes, a teacher from Cheslyn Hay, Staffordshire, jumped from a third floor window after trying in vain to save his mother.

Ms Harper, of Stoke-on-Trent, was also trapped, while her twin sister, Marjorie Brys, was one of more than 90 who escaped.

An inquest into the deaths in 2009 returned open verdicts, despite hearing evidence that arson was the most likely cause.

Prosecutor David Sapiecha told the court that the hotel, which specialised in breaks for elderly people, had been inspected by Cornwall Fire and Rescue Service in July 2006 and several failings were found.

These included a lack of loud smoke and fire alarms in every room. Of the hotel’s 59 bedrooms, 33 lacked self-closing doors to slow or prevent the spread of fire. Some windows around the fire escape were also found to contain non-fire resistant glass.

O&C, of Halifax, West Yorkshireadmitted at Truro Crown Court in March to two charges of failing to ensure fire detectors and alarms were working at the hotel or making an adequate risk assessment before the blaze. They were fined £40,000 for each charge.

Two directors, Nicola Burfitt and John McMillan, both denied three charges relating to them personally, with the prosecution saying it was “not in the public interest” to pursue them at an earlier hearing.

Jonathan Waite QC, representing O&C, said warnings about the problems at the hotel from the fire service had not been passed on, blaming the manager of the hotel, Andy Woollam.

He also accused Martin Tricker, an independent health and safety inspector of being “blasé” about his job.

Mr Tricker had been due to face trial on health and safety charges but they were dropped ahead.

Mr Waite said while the directors knew about the problems with the alarm system – and had already begun looking at replacing it – they were unaware that it was an urgent issue.

In a statement, O&C described the fire as a “tragedy” and said it had been left “devastated” by what happened but stressed it had not been found guilty of causing the fire or being responsible for any loss of life.

“Following the fire we immediately initiated a comprehensive review of our health and safety and fire safety procedures at our other hotels and have strengthened the company guidelines and working practices to ensure full compliance.”