A café owner in Hyde has received a suspended sentence after admitting installing a petrol generator in the basement, which led to three people being hospitalised. 

Paul Ormiston, business operator of Bake N Butty, at 17 Clarendon Place in Hyde, pleaded guilty on 21 December 2022 to failing to exercise his duty as an employer, to ensure that persons not in his employment are not exposed to risks to their health and safety.

On 24 March 2021, a serious incident occurred involving the release of carbon monoxide at Bake N Butty. Emergency services attended, resulting in three affected residents in the immediate vicinity of the premises being admitted to hospital.

A petrol generator was found in the basement, which appeared to be providing electricity to the premises.

Following an investigation by Tameside Council's Environmental Services Team, Mr Ormiston admitted to installing a petrol generator in the basement of the premises on 24 March 2021 to provide power to two freezers, as his electricity supply had been disconnected by the supplier the day before due to non-payment of electricity bills.

Environmental Health Officers served a Hygiene Emergency Prohibition Notice to prevent the café from operating due to the lack of electricity, and a Health and Safety Prohibition Notice preventing the use of a generator inside the building.

Mr Ormiston appeared at Tameside Magistrates' Court on Monday (22 May 2023) for sentencing.

The Magistrates were of the view that the offence was so serious only a custodial sentence would suffice; the actions of placing a petrol generator in an enclosed place was extremely reckless, putting occupants’ lives at risk with them having to be hospitalised.

Mr Ormiston was sentenced to 18 weeks, which was reduced from 26 weeks to give credit for his early guilty plea, and suspended for 12 months.

In addition, he was ordered to complete 100 hours of unpaid work, 20 rehabilitation activity days, £120 victim surcharge and £5,000 towards the council's prosecution costs.

The Magistrates concluded that it was lucky nobody lost their lives.

Tameside Council Assistant Executive Member responsible for enforcement, Cllr Vincent Ricci, said: "Tameside Council treats health and safety very seriously and will take action to protect the public when a breach occurs and where employers fail to meet the standards required to ensure the health and safety of both employees and members of the public.

"Petrol generators should not be used inside buildings, they must only be used in a well-ventilated area because they are known to emit carbon monoxide. The court recognised the seriousness of this breach and imposed a custodial sentence alongside community orders and costs."

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