Published: Wednesday 5 July 2023
UK Power Networks and Virgin Media have been successfully prosecuted by Kensington and Chelsea Council at Westminster Magistrates Court today, Wednesday 5 July 2023, for carrying out unsafe works in the borough on four separate occasions.
All the offences were in relation to Section 65 of the New Roads and Street Works Act 1991.
They were fined as follows:
- UKPN £20,000 for an offence on 29 October 2022
- UKPN £20,000 for an offence on 30 October 2022
- Virgin Media £40,000 for an offence on 11 November 2022
- UKPN £20,000 for Section 65 offence on 17 November 2022
Cllr Cem Kemahli, Lead Member for Planning, Place and Environment said:
“Our Network officers are working hard to ensure companies take responsibility and implement preventive safety measures when carrying out works on our streets.
These prosecutions send out a strong message that we will continue to hold companies to account who do not comply with the law and ensure our residents and visitors are safe from risk of harm.”
On 29 October 2022, UK Power Networks were carrying out planned works in Exmoor Street when members of the public sent in videos of the works taking place in the area. Council officers noticed that operatives had left a barrier open around their works area and failed to enclose the works area. The footway was closed to pedestrians who were directed to the footway on the opposite side of the road (agreed with the Council).
On 30 October 2022, UK Power Networks operatives had moved across the road and were seen breaking up the carriageway surface. Once again operatives failed to fully enclose the works area with a continuous barrier system so members of the public could have entered the works area while heavy machinery was in operation.
The operatives had closed both footways to pedestrians and not provided any temporary provision. As a result, pedestrians had to walk into the road and the width of which was greatly reduced because of the works with the road still open to vehicular traffic at the time. The works were carried outside a large medical centre, so many vulnerable members of the public would be in the area putting them at risk of danger. UK Power Networks were fined a total of £40,000 for the two offences.
UK Power Networks were also fined £20,000 under Section 65 of NRSWA for carrying out emergency works in the footway of Kensington High Street on the 17 November 2022.
A Council officer attended site to inspect the works and found that the operatives had failed to fully enclose the works area with a continuous barrier system so members of the public could have entered the works area which contained an open excavation with electric cables exposed. They had also reduced the footway width to 0.85m (absolute minimum is 1m) which created a build-up of pedestrians as the area is very busy and there was not enough space for two people to walk through at the same time.
UK Power Networks are also required to pay a victim surcharge of £2,000 and the Council’s legal costs of £4,655.77.
On 11 November 2022, another utility firm Virgin Media were carrying out planned works in the footway of Stanhope Gardens in South Kensington. A Kensington and Chelsea Council officer attended site to inspect the works and found that the operatives had failed to fully enclose the works area with a continuous barrier system so members of the public could have entered the works area which contained an open excavation tools and materials.
Operatives were also witnessed using a disc saw to cut a slab with no barriers were placed around them while they carried out this activity, putting members of the public at risk especially someone visually impaired.
Virgin Media did not attend the court but were found guilty in their absence. Virgin Media were fined £40,000. A victim surcharge of £2,000 was also imposed and the Council were awarded their full legal costs of £2,136.96.
This follows on from last week’s successful prosecution of Thames Water who were fined over £24,000 for carrying out unsafe works in the borough.