A shared house above a Hove restaurant has been temporarily shut by the fire service after its escape route was altered to enlarge the premises downstairs.
Shayan Persian Restaurant in Western Road has expanded into the unit next door – and has created two doorways in what used to be the dedicated passageway to the flat above.
As a result, East Sussex Fire and Rescue Service issued a prohibition notice on 11 March banning anyone from sleeping or resting on the first, second of third floor on the basis of inadequate fire escapes from the property.
Business owner Yahya Ahmadi told Brighton and Hove News the people who had been living there were staying with friends and family until work to make the fire escape route safe again took place.
He said he would be installing fire doors and hoped this meant when the fire service revisits in a few weeks time.
The floors were converted to a house of multiple occupation (HMO) by freeholder Mei Xay Fan, who was given planning permission in 2017.
The notice says: “There is no adequate protected route for means of escape from the upper floors (first, second and third).
“In the event of fire, heat and smoke would likely block the means of escape and prevent relevant persons escaping quickly and safety to a place of ultimate safety.
“Measures necessary to reduce risk: Provide a protected means of escape serving all upper floors (first, second and third) to a place of ultimate safety.
“The protected route must be able to withstand the effects of heat and smoke for a minimum of 30 minutes in accordance with current guidance.”
The HMO is not currently on Brighton and Hove City Council’s register of licences. When planning permission was granted in 2017, the council’s housing team noted it would require a licence.
A prohibition notice was previously served on the premises in 2012, when it was operating as the Happy Garden Chinese takeaway and when there was no dedicated entrance to the flat.
A planning application to change the shopfront to create the entrance was submitted the same year, but refused on the basis the aluminium door proposed would make the shopfront cluttered.
However, it appears the works took place anyway and in the officer’s report for the 2017 HMO permission, it notes the prohibition notice was lifted in 2013.
The approved plans for the HMO included the new shopfront and separate entrance.
Same old Same old… Landlord / business owner ignore the rules and gets ‘burned’ …..
Sounds like they should have been more aware of fire safety requirements, having had a notice before as well…
This situation looks like a mix of poor planning and responsibility gaps rather than just one party being entirely at fault.
The business owner clearly shouldn’t have altered an escape route in a way that compromises fire safety — especially in a multi-occupancy building where the risks are higher. That’s a basic duty of care.
At the same time, the property already had a history of fire safety issues and licensing requirements going back years. That raises questions about oversight from the freeholder and whether the HMO was being properly managed and kept compliant.
It also highlights a wider issue — how did it get to the point where people were living there without a clearly protected escape route, and without an HMO licence currently in place?
Ultimately, everyone involved — landlord, business operator, and regulators — has a role in making sure buildings are safe. Fire safety isn’t something that can be compromised for convenience or expansion.
And how long has the council known about this one ??? or more like a case of ignore the problems and pretend they, the council and landlord are a benefit to solving the housing problem ???
According to the article, they didn’t know it was being used as an HMO, because it wasn’t licensed as one, despite needing it if it was going to house that many people over that many floors.
there is a sqaut in the flat below and the fire alams have messed with as well, this is why the fire service shut it down.