The Petroleum (Consolidation) Regulations 2014 do not change the health and safety responsibilities for petrol filling station operators or those who work at them. The following information explains the legislation.
From 1 October 2014 the petrol licensing regime is replaced with a petrol certification scheme. If you are the owner of dispensing premises where petrol is kept you need to hold a Petroleum Storage Certificate (known as a ‘storage certificate’) to comply with the regulations.
Yes. All licences that are in place on 1 October 2014 on existing sites are still valid and remain valid until they reach their expiry date.
If you have an existing site a ‘transitional arrangement’ is in place to phase in the need for a storage certificate; this arrangement applies to the vast majority of petrol filling stations where no immediate action is needed.
However, if a significant change takes place (referred to in the regulations as a ‘prescribed material change’) before the date your licence expires, your licence will no longer be valid. You must contact your local Petroleum Enforcement Authority (PEA) as a storage certificate will then be required. (Further information on how to obtain a storage certificate is available: How do I get a storage certificate?)
When your licence reaches its expiry date and as long as the petrol storage arrangements at your site have not changed, you will be automatically issued with a storage certificate relating specifically to your site. In most cases your local Petroleum Enforcement Authority will contact you ahead of the expiry date for your confirmation of the current storage arrangements at your site. An example of a PEA letter is available.
The storage certificate remains valid to the site as long as the storage conditions remain the same if there is change of ownership; operation or management (it is not personal to you).
A valid storage certificate is granted to show that you comply with the law on keeping petrol on dispensing premises and is based on the information and drawings you have already had approved. Please see example of a storage certificate.
The storage certificate for your dispensing premises is issued by your local Petroleum Enforcement Authority, known as the PEA (formerly the Petroleum Licensing Authority or PLA).
You do not need to apply for a storage certificate unless you become the owner of a new site or a site that has been out of operation for over twelve months. In these circumstances you should contact your local PEA at least 28 days before it is required and you can do this up to six months in advance.
The regulations state that ‘The Petroleum Enforcement Authority must be satisfied that the containment system for petrol at dispensing premises may reasonably be used to store petrol without creating an unacceptable risk to the health and safety of any person' before granting a storage certificate.
You will need a petroleum storage certificate for your workplace when you have petrol dispensing equipment similar to a retail petrol filling station. This means you will need a storage certificate if you have:
You will not require a petroleum storage certificate for your workplace when:
If you are unsure whether you need a petroleum storage certificate you should discuss this with your local Petroleum Enforcing Authority (PEA). You will find a list of PEAs on the Association of Petroleum and Explosives Administration (APEA) website.
Information on storing petrol at your home, club or association is also available.
No, unlike a licence, conditions cannot be added and a storage certificate cannot be revoked (cancelled).
Once a storage certificate has been granted, if it is necessary for the PEA to take enforcement action at a retail or non-retail petrol filling station this is taken through the relevant health and safety legislation, for example the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR)
The annual fee for a storage certificate remains the same as that currently in place for a licence and is payable to the Petroleum Enforcement Authority. The fees are set by The Health and Safety and Nuclear (Fees) Regulations which are subject to an annual review so fees may change in the future.
Fees can be paid for up to 10 years in advance and operators can choose the period for which they wish to pay.
The following information on your dispensing premises is required:
To meet the requirements of the regulations you must supply the following drawings for your dispensing premises when you apply to the PEA for a storage certificate:
These drawings are essential and their reference number(s) must be included on the storage certificate. The drawings should also be readily available so it may be practical to store them with the storage certificate.
When a significant change (a prescribed material change) is made at your premises you will require a new storage certificate containing the up to date drawing reference numbers.
No. Where premises already hold a licence, when the expiry date of the licence is reached your licence will automatically be converted by the local PEA to a storage certificate without having to meet the storage certificate application requirements. However where drawings exist they need to be referenced on the storage certificate.
If a ‘prescribed material change’ is made at a premise it is necessary to provide the PEA with up to date drawings and these must be referenced on the storage certificate reflecting the change to the current approved arrangements.
The regulations do not specify a format but it is recommended that drawings submitted to your PEA should be as a paper copy format with a scale of 1:100. You can check with your local PEA if an electronic version of your drawings is acceptable.
The regulations include a list of what is meant by a ‘prescribed material change’ to dispensing premises and this is limited to:
These are the only type of change that must be notified to the PEA. The regulations state that this is done at least 28 days before work commences to make the changes.
No – replacing a tank or pipework is not a prescribed material change and therefore does not need to be notified to the PEA.
No – the storage certificate relates specifically to the petrol storage arrangements at the dispensing premises and not to the person operating the site. The regulations place a duty on:
The PEA must be notified in writing (email is acceptable) at least 28 days (and you can do this up to 6 months) before the change of operator happens, the notification should include the following:
When a ‘prescribed material change’ (described above) is made at the premises a new storage certificate will be needed.
The storage certificate also becomes invalid where petrol is not kept at the premises for a continuous period in excess of 12 months. In practice this means where petrol is not being kept for the purposes of dispensing and therefore the site is not operating as dispensing premises. In these circumstances the site should be made temporarily safe or control measures identified and implemented to maintain the site in a safe condition.
Yes, the regulations stipulate that:
Only ‘suitable portable containers’ can be filled with petrol ie:
Suitable portable containers are defined in Schedule 2 (para 6) and Schedule 3 of the regulations. UN approved containers are an example of such containers.
More detailed information on portable petrol storage containers is available.
The regulations do not specify the number of suitable portable containers that can be filled at a petrol filling station. This should be considered as part of the risk assessment for the site. Section 8 of the guidance document on ‘Petrol filling stations guidance on managing the risks of fire and explosion (the Red Guide)' provides further information.
If you are refused a storage certificate or have a complaint, you should follow this up in the first instance with the appropriate PEA using their procedures.
You can appeal against the decision to refuse a storage certificate to the Secretary of State under the Health and Safety Licensing Appeals (Hearings Procedure) Rules 1974 or in Scotland under The Health and Safety Licensing Appeals (Hearings Procedure) (Scotland) Rules 1974.