Kebab shop owner ignored gas safety warnings

A Barnsley takeaway owner has been given a suspended prison sentence after he continued to use gas appliances after he had been warned that they were unsafe.

Barnsley Magistrates Court heard that Gursel Ozcan from Barnsley had been issued with an Improvement Notice in March 2019 for failing to maintain the gas system safely at Kebab Express in Peel Street, Barnsley.

Barnsley Borough Council had given Mr Ozcan an Improvement Notice after he was found to be operating an unsafe system of work for gas catering equipment, and for using cooking equipment without adequate ventilation. 

Gas Safe Register’s regional investigation officer Gary Russell and Barnsley environmental health officer Stephen Butler had both inspected the kebab shop. Gary carried out a risk assessment on site and found that the existing gas installations were At Risk: no provision had been made to provide enough permanent make-up air into the catering area. Also, the gas kebab grill was not located under the mechanical extraction system. An At Risk warning was issued, and Barnsley Borough Council issued the Improvement Notice.

In October 2019, Mr Ozcan had been told by a gas engineer that the gas installation was At Risk. The gas supply was switched off, but he continued to use it without further safety checks or carrying out any work to make the installation safe.

Mr Ozcan, of Oakwell Lane, Barnsley, pleaded guilty to failing to comply with the Improvement Notice. He was sentenced to 26 weeks in prison, suspended for two years, and ordered to pay £2,000 towards council costs, and a £122 victim surcharge.

Councillor Jim Andrews, cabinet spokesperson for Public Health, said: “By ignoring essential health and safety requirements or cutting back on essential maintenance, managers of businesses are putting people’s lives at unnecessary risk and they rightly face a heavy punishment when they are caught.

“We continue to work with businesses to help them comply with health and safety laws. This keeps Barnsley residents, employees and visitors safe from harm.”