Council slaps broadband provider with £50k fine for unsafe works

A council handed a broadband provider a £50,000 fine for carrying out unsafe works in west London.

Hyperoptic Ltd was successfully prosecuted by Kensington and Chelsea council following a hearing at Westminster Magistrates Court on December 4.

Councillor Cem Kemahli, lead member planning and public realm, said: “Keeping our streets clear and safe for residents is our top priority and we will continue to crackdown on companies who don’t take safety seriously. 

“This is our first successful prosecution of Hyperoptic, which not only put public safety at risk but caused disruption to motorists by ignoring safety measures.”

The broadband provider was fined £50,000 for carrying out dangerous works in Old Brompton Road, South Kensington and failing to obtain permits from the council.  

The company pleaded guilty to both charges and was ordered to pay a £2,000 victim surcharge and £2,500 towards the council’s legal costs. 

The charges relate to an incident on January 26, 2024, when the council’s Street Works Compliance Inspector witnessed operatives working in a manhole in the carriageway in Old Brompton Road.

The inspector found several safety issues including inadequate barriers, no advance warning signs for motorists, no temporary traffic management and a manhole exposed to the public.  

Officers from the council’s network management team investigated the incident and discovered that Hyperoptic had not applied for a permit to carry out the work. 

As a result, the council was prevented from carrying out its statutory duty to co-ordinate works. 

The local authority prosecuted Hyperoptic after having issued the operator seven cautions for previous offences relating to site safety. 

Cllr Kemahli said: “Our network management team are working hard to ensure street works are coordinated to minimise disruption and carried out in the safest possible way. We will not hesitate to take legal action against companies who continue to put members of the public at risk.”

The council has prosecuted four utility companies for carrying out unsafe street works in the borough this year, with fines totaling £288,334 as well as £30,568 paid out towards the council’s legal costs.

Pictured top: Image shows operatives working in a manhole in the carriageway in Old Brompton Road (Picture: Kensington and Chelsea council)