A restaurant that put staff and customers at risk of being exposed to carbon monoxide has been ordered to pay £14,000 in fines and court costs.
On June 18, 2026, at Exeter Magistrates’ Court, The Pickled Plate Ltd entered guilty pleas to five offences under the Health and Safety at Work Act 1974 and the Control of Substances Hazardous to Health Regulations 2002.
The prosecution was brought by Cornwall Council after the business ignored advice from council officers and failed to comply with formal notices.
In 2025, staff at the restaurant, which at the time was located at Higher Harlyn Park, Padstow, were using a charcoal grill inside. The ventilation system at the premises had not been certified for use with a solid fuel grill.
The sole director of the company, Jasmine Caldwell, was given advice by council officers on the controls required to use solid fuel cooking equipment safely in an enclosed environment, but the advice was ignored.
The Council issued a statutory Improvement Notice requiring an engineer to certify that a suitable extraction system to remove carbon monoxide was in place.
After the business failed to comply with the Improvement Notice, the Council issued a Prohibition Notice preventing the use of solid fuel cooking equipment at the premises.
An officer subsequently visited the restaurant and witnessed the grill being used in breach of the Prohibition Notice. Following the officer’s visit, the restaurant closed voluntarily.
The company pleaded guilty to the following offences:
1. Using a Konro barbeque grill in an enclosed are that was liable to expose employees to carbon monoxide without undertaking a suitable and sufficient assessment of the risks it created.
2. Using a Konro Barbeque grill in an enclosed area that was liable to expose persons other than employees to carbon monoxide without undertaking a suitable and sufficient assessment of the risks it created.
3. Failing to comply with an Improvement Notice served under the Health and Safety at Work etc Act 1974
4. Failing to comply with a Prohibition Notice served under the Health and Safety at Work etc Act 1974
5. Using a drum-style barbeque grill in an enclosed are that was liable to expose employees to carbon monoxide without undertaking a suitable and sufficient assessment of the risks it created.
Sentencing, District Judge Smith (MC) said that while the risk of carbon monoxide poisoning in an unventilated area is serious and could lead to death or serious life-changing injury, the likelihood of that harm occurring in this instance was low. The court heard there was some ventilation in the kitchen and carbon monoxide alarms were present.
Caldwell told inspectors she thought she was complying with the Prohibition Notice however the judge said this was misconceived or naïve.
The court heard The Pickled Plate is a seasonal micro-business, and the restaurant had since moved to new premises.
The company was fined £8,000, ordered to pay a £2,000 victim surcharge and £4,000 towards the Council’s costs.
Nick Kelly, Group Leader for Food Safety, Health and Safety and Port Health at Cornwall Council, said: “We are seeing more and more eateries using solid fuel equipment, such as barbecues and charcoal ovens, which can cause dangerous levels of carbon monoxide exposure without a suitable extraction system.
“Before installing this type of cooking equipment, businesses have a legal duty to ensure any risks of carbon monoxide exposure are assessed and appropriate controls are put in place.
“I urge businesses to check that they effective safety measures in place and to reach out to our Businesses Regulatory Support team for advice if they’re not sure what is required.”
Advice for businesses can be found on the Cornwall Council website. Alternatively, they can contact the Businesses Regulatory Support Service by calling 0300 1234 212 (option 4) or email businessadvice@cornwall.gov.uk.
Councillor Thalia Marrington, cabinet member with responsibility for Community Safety and Public Protection at Cornwall Council, said: “This business had plenty of opportunities to put things right. Unfortunately, they failed to listen to the advice that was given and refused to comply with the notices that were issued.
“When businesses blatantly disregard their legal obligations and put their staff and customers at risk, we have no choice but to take action.”
Press release issued on June 19, 2026