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Tops Pizza in Lower Stone Street, Maidstone, fined £15,400 due to 'dangerous sleeping conditions'

A takeaway franchisee and employer who allowed people to sleep in dangerous conditions have been fined in court.

Jano Jabbarkhel and Sharbat Khan Jabarkhail, who ran Tops Pizza in Lower Stone Street, Maidstone, were ordered to pay £15,400 in costs.

Tops Pizza in Lower Stone Street, Maidstone. Picture: John Wardley
Tops Pizza in Lower Stone Street, Maidstone. Picture: John Wardley

Back in December 2018, Kent Fire and Rescue Service (KFRS) safety inspectors visited the establishment.

The pair were issued with a prohibition notice to prevent anyone from living in the property, due to safety concerns linked to the lack of an adequate smoke alarm system and having no protected escape route.

During an initial follow up visit to Tops Pizza, where Jabbarkhel was the franchisee holder and Jabarkhail was the named employer, inspectors found they were complying with the requirement of the notice not to allow sleeping within the property, as remedial works had not yet been completed.

However, in September 2020 when a routine compliance check was carried out, people were found to be sleeping in the building in contravention of the notice, and the unsafe conditions remained.

Jabbarkhel and Jabarkhail, both of Hastings Road, Maidstone, were sentenced on Wednesday, October 12 at Sevenoaks Magistrates’ Court, where they each received a fine of £1,000 – reduced to £733 to reflect their early guilty pleas for the offence.

They were also each ordered to pay £7,700 in costs to KFRS and a victim surcharge of £66 was applied to each defendant.

Jabbarkhel and Jabarkhail are no longer associated with the business or building.

Mark Woodward, KFRS’ assistant director for customer and building safety, said: “The outcome of this case sends a clear and important message to anyone who is responsible for a business – by law they must ensure their premises and employees are safe.

“KFRS is committed to ensuring that all buildings in Kent and Medway are fire compliant, and we will take all the necessary steps to make sure fire safety regulations are adhered to, including enforcement action and prosecution.”

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