Stephens and Stephens boss fined for asbestos exposure

The development firm demolished the former Cliffdene hotel in 2020 to make flats

The director of a development company has been fined for exposing staff and the public to asbestos when demolishing a hotel in Newquay.

Truro Crown Court heard the Cliffdene Hotel was "riddled with asbestos" when Stephens and Stephens Developers Ltd levelled it in 2020 to build flats.

Recorder John Trevaskis said: "Clearly a number of people were exposed to the risk, including passers-by."

Paul Stephens admitted a charge under the Health and Safety at Work Act.

He was fined £37,234 and ordered by the court to pay a total of £92,129 including prosecution and remedial costs, and a victim surcharge.

The court told Stephens this must be paid within 12-months or he will face two years in prison.

Recorder Trevaskis said the offence was "partly driven by the cutting of corners" and the "improper treatment of highly dangerous products" created a significant risk of serious harm to people involved in the project.

No directorship disqualifications

The court was told 5,000 people died in the UK each year from asbestos-related diseases, which could take decades to develop.

Stephens and Stephens Developers Ltd had gone into liquidation and was subject to a winding up order, the court heard.

Stephens, 55, is a director of various companies that employ 160 people and have £60m of loans, with one firm having had a £7.6m turnover in 2022.

The judge did not disqualify Stephens as a director and ordered him to pay a total of £92,000, including remedial and court costs.

After sentencing, Stephens and Stephens said Stephens accepted "one of the surveys that he relied upon proved to be out-of-date".

The company added: "Although appropriately licenced professional contractors were engaged and paid for the removal of contaminated material at the project, it emerged that during the tender process there were some misunderstandings as to what had to be removed, and by whom."

It also said Stephens' plea "admitted that, on reflection, some materials would have been better removed by licenced contractors, it was acknowledged that employees may not have kept to the guidance at all times".

"The sentence imposed reflected Paul Stephens' willingness to accept responsibility for the limited admissions made and reflected a misapprehension as to the provisions made for the removal of other materials," it said.