A sheriff has made recommendations after ruling “a number of defects” led to a fatal hotel fire which killed two guests on the banks of Loch Lomond.
Sheriff Thomas McCartney has made six recommendations following the deaths of guests Simon Midgley, 32, and Richard Dyson, 38, in a blaze at Cameron House Hotel.
The couple died on December 18, 2017 after the fire started when night porter Christopher O’Malley disposed of ash in a cupboard – swept through the five-star hotel on the banks of Loch Lomond.
More than 200 guests fled for their lives after the alarm was raised at around 6.30am.
A Fatal Accident Inquiry was held at Paisley Sheriff Court last year.
In his 122-page determination published today, Sheriff McCartney said there were precautions which could realistically have avoided the fire breaking out at the five-star hotel.
They include that hotel operators should have “robust procedures” for the removal of hot ash from open fires and that “clear and robust arrangements” are in place for promptly ensuring all persons are accounted for.
The sheriff has also recommended that all staff, in particular night shift staff, have experience of evacuation drills.
He also made two recommendations for the Scottish Government. These are that sprinkler systems should be considered in future conversions of historic buildings to be used as hotels.
Ministers should also create an expert working group to explore the special risks which existing hotels and similar premises may pose, he said.
The final recommendation is that Scottish Fire and Rescue Service should reduce the time period between a fire safety audit inspection and the issue of a written outcome report.
Sheriff McCartney also said there were “a number of defects in systems of working which contributed to the accident resulting in the deaths”.
These included the full ash bins in the service area, “careless” disposal of ash in “unsuitable receptacles and areas”, the lack of a coherent system to empty ash bins in the service area when they became full and the “presence of combustibles” within the concierge cupboard, where the fire started.
In his summary, Sheriff McCartney said: “The immediate cause of the fatal fire at the hotel was the placing of hot ash within the concierge cupboard at the reception area of the hotel, which allowed a fire to develop within said cupboard and then spread to other parts of the hotel, exposing both deceased to the effects of smoke and fire gases.
“Precautions which could reasonably have been taken which might realistically have resulted in the deaths or the accident resulting in the deaths being avoided have been identified.
“There were a number of defects in systems of working which contributed to the accident resulting in the deaths and also a number of other facts which are relevant to the circumstances of the deaths.
“Arising from the inquiry are a number of recommendations as set out in this determination.
“The Crown and the participants in their submissions offered condolences to the families of Mr Midgley and Mr Dyson. I wish to conclude by expressing the deepest sympathies and condolences of the court to both families."
In January 2021, hotel operator Cameron House Resort (Loch Lomond) Ltd was fined £500,000 and porter Christopher O’Malley was given a community payback order over the fire.
The hotel firm admitted failing to take the necessary fire safety measures to ensure the safety of its guests and employees between January 14 2016 and December 18 2017.
The company admitted two charges of breaching the Fire (Scotland) Act 2005.
O’Malley admitted breaching sections of health and safety laws which relate to the obligation on an employee to take reasonable care for the health and safety of people affected by their acts or omissions at work.
Following the publication of the determination, Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS) said: “We welcome the sheriff’s determination.
“We acknowledge the deep and ongoing grief that the deaths of Simon Midgley and Richard Dyson have brought and understand that the wait for these proceedings to conclude has been extremely difficult and distressing for the families.
“From the outset the Crown has been committed to ensuring the facts and circumstances surrounding these deaths were thoroughly investigated by the relevant agencies, fully considered by specialist prosecutors, and aired in court, and now at a Fatal Accident Inquiry.
“The sheriff’s determination made important recommendations in relation to fire suppression systems for historic buildings and the need for improved guidance to raise awareness on fire safety and risk assessment .
“The procurator fiscal service will continue to keep in contact with the families and answer any questions they may have about the determination.”
