NFRS 2023 64 - Concern of building

You asked for

I am writing to you on behalf of Nottingham CAMRA to raise concerns we have regarding fire safety at the Mag Mug shisha bar in Canning Circus, between the Falcon Inn and the Sir John Borlase Warren.

In 2013, planning permission was granted for a number of changes to thebuilding (13/00886/PFUL3), which at that time included a fire door on the firstfloor and a fire escape to the rear of the building. Photos associated with the2013 planning application show the items in situ and the planning consent givenat that time did not refer to the removal of these fire safety features.

Nottingham City Council advises that there was no requirement for consent for the removal of the fire escape and the blocking of the fire door, which is a surprise as the Council are not currently aware of the purposes to which the first and second floors (and attic?) are put.

The 2013 planning consent only gives permission for the ground floor and basement to be used as a cafe and there has been no subsequent consent for change of use elsewhere in the building. Please find attached a photo showing the rear of the building in July 2023, showing the first-floor fire door bricked-up and the fire escape removed. The use or uses to which the upper floors are currently being put is unclear.

Is this of concern to Nottinghamshire Fire and Rescue?
The former base of the fire escape, which is on the pavement and thereforeprobably in the public realm, and against the back wall of the building, has beenturned into a shisha fire pit. This may be gas operated but it sits on the pavementin an area where there is considerable pedestrian and road traffic into and outof the Canning Circus car park.

Is this of concern to Nottinghamshire Fire and Rescue?
Has Nottinghamshire Fire and Rescue conducted any fire safety checks on theMag Mug Cafe site in recent years and, if so, what has the outcome of thoseassessments been?
In raising a number of issues regarding compliance with Nottingham's planning,licensing and enforcement regime, I was surprised that Council Officers refusedto forward details of the fire safety concerns we raised with the City on to Nottinghamshire Fire and Rescue. This was disappointing and I would havehoped that Nottingham City Council and Nottinghamshire Fire and Rescue had a close working relationship to manage fire risk within the City.

I would be grateful if you would confirm whether or not Nottingham City Council has any statutory obligation to forward details of citizen's concerns it receives concerning fire safety.

Our Response

In 2013, planning permission was granted for a number of changes to thebuilding (13/00886/PFUL3), which at that time included a fire door on the firstfloor and a fire escape to the rear of the building. Photos associated with the2013 planning application show the items in situ and the planning consent givenat that time did not refer to the removal of these fire safety features.

Nottingham City Council advises that there was no requirement for consent for the removal of the fire escape and the blocking of the fire door, which is a surprise as the Council are not currently aware of the purposes to which the first and second floors (and attic?) are put.

The 2013 planning consent only gives permission for the ground floor and basement to be used as a cafe and there has been no subsequent consent for change of use elsewhere in the building. Please find attached a photo showing the rear of the building in July 2023, showing the first-floor fire door bricked-up and the fire escape removed. The use or uses to which the upper floors are currently being put is unclear.

Is this of concern to Nottinghamshire Fire and Rescue?

Answer: - The part of your request falls outside the scope of the FOIA and is not a valid request for information, as it does not constitute information held by the authority as defined in section 1 and 84 of the Act. To clarify the applicant has asked for the opinion of the authority based on information presented to them by the applicant.
The former base of the fire escape, which is on the pavement and thereforeprobably in the public realm, and against the back wall of the building, has beenturned into a shisha fire pit. This may be gas operated but it sits on the pavementin an area where there is considerable pedestrian and road traffic into and outof the Canning Circus car park.

Is this of concern to Nottinghamshire Fire and Rescue?

Answer: - The part of your request falls outside the scope of the FOIA and is not a valid request for information, as it does not constitute information held by the authority as defined in section 1 and 84 of the Act. To clarify the applicant has asked for the opinion of the authority based on information presented to them by the applicant.
Has Nottinghamshire Fire and Rescue conducted any fire safety checks on theMag Mug Cafe site in recent years and, if so, what has the outcome of thoseassessments been?

Answer: - No Information Held, no records could be located relating to an inspectionof the Mag Mug Café of 2 Canning Circus, Ilkeston Rd, Nottingham NG7 3GD.
In raising a number of issues regarding compliance with Nottingham's planning,licensing and enforcement regime, I was surprised that Council Officers refusedto forward details of the fire safety concerns we raised with the City on to Nottinghamshire Fire and Rescue. This was disappointing and I would havehoped that Nottingham City Council and Nottinghamshire Fire and Rescue had a close working relationship to manage fire risk within the City.

I would be grateful if you would confirm whether or not Nottingham City Council has any statutory obligation to forward details of citizen's concerns it receives concerning fire safety.

Answer: - No Information Held, there is no statutory obligation for the ResponsiblePerson to relay concerns it receives regarding fire safety. However, under the Regulatory Reform (Fire Safety) Order 2005 (FSO) places legal duties on anyone in control of these premises (the Responsible Person) to undertake a fire risk assessment and put in place and maintain general fire precautions.

You may find this resource helpful: Fire safety: guidance for those with legal duties