Paul Stephens, director of the now liquidated Stephens & Stephens Developers Limited, was prosecuted over failures at the former Cliffdene Hotel in Newquay in 2020. The hotel had closed in 2018 and was part of a redevelopment plan to build residential apartments on the site.
An investigation by the Health & Safety Executive (HSE) into the control of asbestos on the site came after the hotel had been almost entirely demolished in August 2020. Stephens & Stephens had overall control over the assessment and removal of all asbestos containing materials (ACMs) on site.
However, further enquiries revealed the presence of extensive asbestos debris, a sign that significant spreading had occurred, and that actions taken to control exposure had been inadequate. Paul Stephens was charged for failure to take reasonably practicable steps to contain the spread of asbestos.
Paul Stephens of Bar Meadows, Malpas, Truro, pleaded guilty to breaching regulations 16 of the Control of Asbestos Regulations 2012 by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £65,813 and ordered to pay costs of £26,116 at Truro Crown Court on 24th April 2024.
HSE principal inspector Georgina Symons said after the hearing: “The hotel was not in a state of disrepair and presented no structural danger, so there is no reason why the removal of ACMs could not be done ahead of its demolition.
“Identification of the hazard is key. No asbestos removal should happen if there is a risk of exposing workers to it. There needs to be a sufficient assessment as to the presence, location and condition of asbestos at all premises.
“Those tasked with undertaking the assessment should have the necessary skills, knowledge and experience to undertake this work.”
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