Cameron House night porter and hotel operators sentenced over safety breaches which led to fatal fire

The hotel night porter, who put a bag with ashes in it in a cupboard at Cameron House Hotel, sparking a fatal fire, has been sentenced.

Two men died in the fire in the Loch Lomond hotel on December 18, 2017.

35-year old Christopher O'Malley admitted breaching Sections 7(A) and 33(1)(A) of the Health and Safety at Work Act at Dumbarton Sheriff Court on December 14.

At the same court this afternoon, he was sentenced to a community payback order, supervised for 18 months, comprising 300 hours of unpaid work.

The operators of Cameron House have also been ordered to pay a £500,000 fine, after admitting failures which led to a fatal fire that killed two people.

On December 18 2017, more than 200 guests were evacuated from the building, including a family of two adults and a child who were rescued by ladder and taken to hospital. They were later discharged.

Dumbarton Sheriff Court previously heard the fire started after O'Malley emptied ash and embers from a fuel fire into a polythene bag and placed it in a cupboard which contained combustibles including kindling and newspapers.

In an incident three days earlier O'Malley had been told not to put ash into plastic bags.

Fire risk assessments carried out in 2016 and 2017 found that there was no written policy in place covering the emptying of hot ash from open fires. At the time of the fatal fire there was still no written procedure to follow.

Cameron House Resort (Loch Lomond) Ltd, the owner and operator of the hotel, admitted failing to take the fire safety measures necessary to ensure the safety of employees and guests between January 14 2016 and December 18 2017.

The company admitted two charges of breaching the Fire (Scotland) Act 2005 on January 22.

Sentencing O'Malley, Sheriff William Gallacher said: "Your acts on December 18 caused a fire to start in a cupboard in Cameron House Hotel.

"The fire developed from that cupboard and spread to many parts of the building, which had to be evacuated.

"Some guests managed to do that with relative ease, some found it more difficult crawling along corridors to avoid smoke, others had to be rescued by ladder, no doubt some of those who experienced these traumatic events will remember it for a long time to come.

"Two others were unable to escape from the fire and tragically lost their lives."

Simon Midgley, 32, and Richard Dyson, 38, from London, died in the blaze.

Advocate depute Michael Meehan QC previously described the events on the night of the fire at a hearing on January 22.

He told the court: "On December 18, Christopher O'Malley removed ash and ember from the fire, put it in a bucket, emptied it into a plastic bag and put it in the concierge cupboard.

"As a result of the accused's (Cameron House Hotel) failure to keep the cupboard free of combustibles, it still contained various combustibles including kindling and newspapers.

"The Scottish Fire and Rescue Service investigation determined that an ember or embers within the ashes ignited and fire spread to the kindling and other combustibles. From there it spread within the main building."

The court heard the hotel operator had been warned of the risks of keeping combustibles in the cupboard following a fire service audit in August 2017, and the general manager had then highlighted the issue to staff.

Cameron House Hotel admitted it failed to have in place safe systems of work in respect of the removal and disposal of ash and embers from the hotel's solid fuel fires and maintenance and emptying of metal bins in the rear yard for storing ash and embers.

It also admitted it failed to keep cupboards containing potential ignition sources free of combustibles and failed to ensure employees were provided with the necessary instruction, training and supervision in respect of the safe removal and disposal of ash and embers from the hotel's solid fuel fires.

Peter Gray QC, representing Cameron House, said the failings were not deliberate breaches but occurred "as a result of genuine errors".

He said an absence of formal procedures for dealing with ashes and embers gave staff the opportunity to improvise, and he added the resort extended its "deepest sympathies" to the families of Mr Midgley and Mr Dyson.

Mr Gray said the hotel takes its duties to ensure the safety of its guests extremely seriously.

Alistair Duncan, Head of the Health and Safety Investigation Unit, said:

“The failings on the part of Cameron House Resort and Christopher O’Malley led to the deaths of Simon Midgley and Richard Dyson.

“The tragic loss of these two lives has had a devastating impact on families and friends.

"These convictions and sentences are the culmination of a thorough and technical investigation carried out by Scottish Fire and Rescue Service, West Dunbartonshire Council and Police Scotland, overseen by the Health and Safety Investigation Unit of COPFS.

“This incident should serve as a reminder to other companies that failure to implement the necessary fire safety measures can have terrible consequences.”

Stuart Stevens, Assistant Chief Officer of the Scottish Fire and Rescue Service said:

“Today’s outcome follows a complex and detailed investigation, and we extend our deepest sympathies to the families and friends of Richard Dyson and Simon Midgley and all of those affected by the tragic event at the Cameron House Hotel on December 18, 2017.

“This needless loss of two lives could have been prevented and this sends a very clear message to businesses and organisations across Scotland that fire safety must remain of highest importance, and that all appropriate measures must be taken to protect the public and their staff.

“The requirement to act on our advice should not be underestimated and our enforcement officers will continue to support and advise those responsible for the safety of their premises wherever possible.”

Detective Inspector Stuart Grainger from Police Scotland said:

"This has been a lengthy and difficult investigation for everyone involved.

"We'd once again like to offer our sincere condolences to the families and friends of Simon Midgley and Richard Dyson, who tragically lost their lives on Monday, 18 December 2017.

"While nothing will ever diminish the pain of their loss, we hope that the conclusion of this case brings at least a small measure of comfort."

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