Sale restaurant owner prosecuted after putting diners, staff and neighbours at risk of a gas explosion
The director of an Italian restaurant in Sale was taken to court by Trafford Council after diners were put at risk of a ‘catastrophic explosion’ when a gas cooker’s safety measures were bypassed.
In a prosecution brought by the Council, District Judge Hamilton heard that emissions from a gas boiler at the Linguine restaurant in Northenden Road had seeped into a house next door, causing the carbon monoxide detectors to go off.
Company director Shwana Zana, 44, pleaded guilty to exposing the public and his own staff to risk of life, as well as for failing to respond to a request for information from Trafford Council.
The issues were first detected on 13 May 2023 when the carbon monoxide detectors sounded in a house next to Linguine. Firefighters were called and a reading taken in the kitchen recorded 123 parts per million (PPM) of carbon monoxide. The detectors were set to activate if the level reached over 10ppm – 12 times less than what was measured.
Investigations showed that emissions from Linguine’s boiler flue were directed to just below the kitchen window next door, rather than into the sky, as should have been the case.
The boiler was disconnected by Cadent and Trafford Council was contacted by Greater Manchester Fire and Rescue. The Council’s Environmental Health Officers made an unannounced visit five days later with Gas Safe, the official gas registration body for the UK.
They discovered that the connection to the 10-ring gas cooker had bypassed the thermocouples, devices that stop the flow of gas if there is no flame on the cooker. Without them, the Gas Safe engineer said there could have been a build-up of gas in the unventilated kitchen, leading to a ‘catastrophic explosion’.
The boiler was also examined and found carbon monoxide emissions of 9,136ppm, more than 26 times the manufacturer’s maximum of less than 350ppm.
Both the boiler and cooker were served with a prohibition notice, with Mr Zana then prosecuted after failing to respond to the Council’s requests for information regarding the safety of the appliances.
Mr Zana, of Northenden Road, Sale, later resigned as a director of Doonfrando Limited, which ran Linguine and claimed another person had become a director. Manchester Magistrates Court heard however, that the person’s address did not actually exist and District Judge Hamilton accepted that the person was actually fictitious.
Defending, Patrick Bowers spoke of Mr Zana’s good character and the fact that he made the necessary repairs after being aware of the problems. He argued that Mr Zana had worked as a chef at Linguine for more than 10 years, was therefore at risk himself and would not have put himself at risk had he known of the dangers.
However, District Judge Hamilton ruled that Mr Zana’s culpability was high. He was therefore sentenced to 12 months in prison, suspended for 18 months, must complete 100 hours of unpaid work, was disqualified from being a director of any company for three years and was ordered to pay prosecution costs of £8,243.20.
Cllr Rose Thompson, Trafford Council’s Executive Member for Communities and Safety, said: “A key priority for the Council is to make sure that Trafford is a safe place to live, work and visit. This restaurant did not meet its responsibilities and put people in serious danger as a result. Thanks to our environmental health colleagues for investigating the matter and bringing a successful prosecution to court. This action shows we will not tolerate poor standards, especially when safety is compromised.”