Suspended sentence for hotel owner who flouted the law

Date:

11 December 2008

Release No:

EM/FIN/08

The Health and Safety Executive (HSE) today (Thursday 11) warned companies to comply with their notices after a Lincolnshire hotel owner was sentenced for a number of offences.

Kulwinder Bola, owner of the Royal Renaissance Hotel in Skegness, was found guilty on Tuesday 28 October of ignoring a prohibition notice issued by the HSE.

He was also found guilty of employing an unregistered gas fitter to install pipework and gas catering appliances and failing to appoint a planning supervisor in respect of the project to refurbish the hotel.

Today (Thursday, 11 December) at Skegness Magistrates' Court, Mr Bola received a 12 week custodial sentence, suspended for 1 year for ignoring the HSE prohibition notice. He was also ordered to carry out 200 hours of community service within the year and to pay the full court costs of £20,623. Mr Bola received a conditional discharge for the other two charges.

The three charges resulted from an HSE inspector's site visit in July 2006.

Mr Bola was found guilty of breaching Regulation 6 (1) of the Construction (Design and Management) Regulations 1994; Regulation 4 of the Gas Safety (Installation and Use) Regulations 1998; and section 22 of the Health & Safety at Work etc Act 1974.

HSE inspector Judith McNulty-Green said:

"It is extremely important that gas appliances and pipework are installed by a CORGI-registered fitter. Always use a registered fitter. It is easy to check if a fitter is registered as there is a free phone number to call or you can check on the CORGI website. Never be tempted to cut corners or save money - you will be putting your health, or even your life, at risk. Every year 20 people lose their lives from carbon monoxide poisoning.

"When the inspector visited the hotel on 4 July 2006 a number of items were found to be immediately dangerous, including the gas supply to appliances. Four appliances were fitted with flues and required extraction but no extraction system was operational. Due to the danger of carbon monoxide, those appliances were disconnected from the gas supply and a prohibition notice was served banning their use.

"However, the defendant told his chefs they could use the banned equipment.

"HSE takes very seriously breaches of notices. Ignoring the ban was extremely dangerous and posed a serious risk to employees at the hotel. I agree with District Judge Blake's comments that notices are issued to keep people and places safe and this sentence sends out an important message."

Notes to editors:

1. The law requires that anyone who works on gas appliances must be competent, and if they are doing the work as a business, i.e. employer or self-employed, they must be CORGI registered. An installer's CORGI ID card has details of the types of appliances that an installer is trained to work on. To find a local CORGI registered installer call CORGI on 0870 401 2300 or visit www.corgi-gas-safety.com
2. For more detail on gas safety, the HSE's advice leaflet 'Gas appliances: Get them checked, Keep them safe' is available via the HSE website at http://www.hse.gov.uk/pubns/indg238.pdf
3. If you need further advice about any gas safety issue, the HSE gas safety advice line could help, contact 0800 300 363.
4. Further information about carbon monoxide can be found at http://www.hse.gov.uk/gas/domestic/co.htm
5. Regulation 6(1) of the Construction (Design and Management) Regulations 1994 states: "Every client shall appoint- (a) a planning supervisor; and (b) a principal contractor in respect of each project.
6. Regulation 4 of the Gas Safety (Installation and Use) Regulations 1998 states: "Where an employer or a self-employed person requires any work in relation to a gas fitting to be carried out at any place of work under his control or where an employer or self-employed person has control to any extent of work in relation to a gas fitting, he shall take reasonable steps to ensure that the person undertaking that work is, or is employed by, a member of a class of persons approved by the Health and Safety Executive under regulation 3(3)."
7. Section 22 of the Health & Safety at Work etc Act 1974 states: Prohibition notices
   (1) This section applies to any activities which are being or are [likely] to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply. (2) If as regards any activities to which this section applies an inspector is of the opinion that, as carried on or [likely] to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve a risk of serious personal injury, the inspector may serve on that person a notice (in this Part referred to as "a prohibition notice"). Page 37 (3) A prohibition notice shall-- (a) state that the inspector is of the said opinion; (b) specify the matters which in his opinion give or, as the case may be, will give rise to the said risk; (c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and (d) direct that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of paragraph (b) above and any associated contraventions of provisions so specified in pursuance of paragraph (c) above have been remedied. [(4) A direction contained in a prohibition notice in pursuance of subsection (3)(d) above shall take effect--
   (a) at the end of the period specified in the notice; or (b) if the notice so declares, immediately.]

Public enquiries:

HSE's InfoLine: 0845 3450055
Caerphilly Business Park, Caerphilly CF83 3GG

Press enquiries (Journalists only):

David Smith: 0115 971 2797
COI East Midlands

HSE information and press releases can be accessed on the Internet: http://www.hse.gov.uk

Issued on behalf of COI East Midlands. Tel: 0115 971 2781 email: Nottingham@coi.gsi.gov.uk