The owner of a West Midlands supplier of catering equipment has been given a suspended prison sentence and 240 hours of unpaid community work after carrying out illegal and dangerous gas work at two fish bars in East Anglia.
Richard Stowe, 44, sole director of Black Country Ranges Ltd, exposed staff, visitors and customers to the risk of explosion and injury, after leaving gas appliances in an ‘immediately’ dangerous condition.
The Health and Safety Executive (HSE) today (25 March) prosecuted Mr Stowe for serious breaches of the gas safety regulations after his sub-standard work was uncovered at Nino’s fish bar in Marham, Norfolk, and Duke’s fish bar in Chelmsford, Essex in 2011.
Chelmsford Magistrates’ Court heard in one of the cases, Richard Stowe took parts of the gas range away to prevent its use until bills were settled and even installed a device to disconnect the frying range remotely from his mobile phone.
HSE’s investigation found the ranges were fitted by Mr Stowe in May and August 2011 despite him not being registered as competent and qualified with Gas Safe – a legal requirement. After problems with the installations in both Nino’s and Duke’s, the work was inspected by Gas Safe registered engineers.
Both ranges were found to present an immediate risk to the users and customers of the two fish bars and had to be disconnected, one before it was even put into commercial use. The appliances themselves were not compliant with European standards or BSI approved.
Much of the work at the two fish bars had to be completely redone, incurring significant additional costs for the owners.
Richard Stowe, as director of Black Country Ranges Ltd of Gobowen Road, Oswestry, Shropshire, was given a five month prison sentence, suspended for 12 months, and ordered to carry out 240 hours of community work after pleading guilty to two breaches of the Gas Safety (Installation and Use) Regulations 1998 and one breach of the Health and Safety At Work etc Act 1974. He was also ordered to pay a £1,000 contribution towards costs.
After the case, HSE Inspector John Claxton said: “Richard Stowe had been warned by HSE and had signed a letter in June 2010 certifying that he would no longer undertake gas fitting work until he was properly registered.
“So he knew perfectly well he was breaking the law by fitting these gas ranges without that Gas Safe registration.
“He blatantly disregarded the earlier warning for similar illegal gas work and went ahead installing gas frying ranges at the two fish bars, putting the safety of the owners, their staff and their customers in danger. With both ranges found to present imminent risk, it is only a matter of luck that no one was seriously injured or worse. His motive was clearly financial gain.
“This case highlights the dangers of using unregistered gas installers and should serve as reminders to catering business owners to check that gas engineers are legally competent to carry out the fitting work at their premises.”
Russell Kramer chief executive of Gas Safe Register, added:
“Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on.
“We always encourage the public to ask for and check the card and if they have any concerns about the safety of work carried out in their home, to speak to us. Every year we investigate thousands of reports of illegal gas work. Call us on 0800 408 5500 or visit our website at www.gassaferegister.co.uk”
Further information about gas safety can be found online at http://www.hse.gov.uk/gas
Notes to Editors:
- The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training; new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
- Regulation 3(1) of the Gas Safety (Installation and Use) Regulations 1998 states: “No person shall carry out any work in relation to a gas fitting or gas storage vessel unless he is competent to do so.”
- Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998 states: ” Without prejudice to the generality of paragraphs (1) and (2) above and subject to paragraph (4) below, no employer shall allow any of his employees to carry out any work in relation to a gas fitting or service pipework and no self-employed person shall carry out any such work, unless the employer or self-employed person, as the case may be, is a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of this paragraph.”
- Section 37 of the Health and Safety At Work etc. Act 1974 state: “(1) Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.”
- HSE news releases are available at www.hse.gov.uk/press