Gas Safety Certificate Requirements for UK Restaurants and Cafes

Gas safety of a residential, business, or commercial property is exclusively the responsibility of the landlords. The prevalent rules and regulations in the UK make the landlords of all such properties responsible for ensuring the safety of the tenants against the possible risks of using gas for different purposes, such as heating, cooking, and hot water supply. 

Generally, the threats associated with the usage of gas, either for residential or non-residential units, are fire and explosions. It often happens due to a gas leak, either from the gas pipe network or out of any faulty gas appliances. Any such occurrence may cause damage to the property and injuries or death of the occupants. Another very serious risk with gas is the emission of carbon monoxide. An incomplete combustion of gas results in the generation of carbon monoxide, which is harmful to human health. 

Prolonged exposure to carbon monoxide may result in carbon monoxide poisoning. So, the protection of the properties and occupants against all these potential risks has been the prime concern for the authorities in the UK. For this, a comprehensive set of rules and regulations was enforced under the title “Gas Safety (Installation and Use) Regulations 1998.” All the commercial properties, including the restaurants and cafés, fall under the ambit of the gas safety regulations of 1998. 

Understanding Gas Safety Regulations for Restaurants and Cafés

The history of gas safety regulations dates back to the earlier days of the usage of gas in homes and businesses. Over the years, gas safety regulations have been improved to make them more effective to ensure the safety of people and properties. Finally, the Gas Safety Regulations of 1998 were implemented in October 1998, which are applicable to all residential and commercial units. This law applies equally to Restaurants and Cafés, where gas is used for cooking, grilling, and other purposes. 

The most important part of these regulations is the requirement to conduct annual gas safety inspections on all the gas appliances and get a valid gas safety certificate for a restaurant or café. Under the provisions of the above-referred gas safety regulations, landlords of restaurants and cafés are legally bound to arrange annual gas safety inspections and obtain a Commercial Catering Gas Safety Certificate (CP 42).

The process of an annual gas safety inspection and issuance of a commercial catering gas safety certificate is summarized here:

• A landlord of a restaurant or café is responsible for arranging annual gas safety inspections.
• This inspection can only be conducted by a gas-safe registered engineer. Any such activity conducted by a non-registered engineer would be illegal. 
• On the day of inspection, the gas-safe registered engineer would physically visit the property for inspection and examination of all the gas appliances and allied fittings. This activity can also be conducted by a gas-safe registered engineer remotely. For this, they would need the assistance of a facilitator.
• The engineer will conduct a visual inspection of all gas appliances and pipework to detect any damaged or rusty parts. 
• They will also check all gas appliances and installations to confirm that there is no gas leakage in the property. 
• The flues and chimneys are also included in this annual inspection. A blocked flue or chimney may result in the accumulation of carbon monoxide, which may result in health and medical situations for the occupants. 
• Boilers, if installed in the restaurant or café, are also a crucial part of the annual gas safety inspection. The engineer needs to check for any rusty or damaged parts in the boiler and its allied pipework. 
• Gas appliances perform perfectly under the correct gas pressure. This aspect is also included in the process of gas safety inspection. The engineer will ensure that the appliances are correctly installed and that all the connections and joints are firm enough to avoid gas leaks. 
• In case one or more faulty gas appliances are found in the restaurants and cafés, the engineer will mark them as “Unsafe.” Under the provisions of the Gas Safety Regulations 1998, any gas appliance marked "Unsafe" cannot be used, unless it is got repaired or replaced. The engineer is required to disconnect the gas supply to these appliances with the permission of the landlord. If the landlord does not allow to do so, the engineer will notify the local gas emergency service provider, who may disconnect the gas supply to the entire premises till such time the faulty appliances are repaired or replaced, as the case may be. 
• There are three categories of appliances marked as Unsafe. These are:
  • Immediately Dangerous (ID) – The appliances marked as “ID” are unsafe for use. These appliances might need to be replaced, if the fault is serious or otherwise, it can be used after necessary repairs. 
  • At Risk (AR) – Any appliance labeled "AR" is also unsafe for use, but the level of risk might be less than the ones categorized as "ID.” Such appliances can be used after repair and maintenance. 
  • Not to Current Standards (NCS) – the appliances labeled "NCS" are considered fit for use, but it is a sort of warning that they may be somewhat risky as they do not meet the current gas industry standards of safety. Such appliances should be replaced with new ones as early as possible to avoid any mishaps.
• The engineer will record all their findings in the gas safety inspection record. The status of each individual appliance is recorded in the gas safety record. 

IMPORTANT

The inspecting engineer may also check for the following irregularities in a restaurant or café:

• Unauthorized installation of gas appliances might be noticed in some properties. It involves the installation of old gas appliances, which may not be adherent to the gas safety parameters. The engineer will check and record the shortcomings found in such cases.
• There might be some restaurants and cafés where the annual gas safety inspection might have been missing in the previous years. This will also be recorded by the engineer.

Commercial Catering Gas Safety Certificate

On successful completion of the annual gas safety inspection and removal of all the faults identified by the inspecting engineer, the restaurant and café will qualify for the issuance of a gas safety certificate. There are different types of gas safety certificates. Mainly, these are bifurcated into two categories, commonly known as "Landlord Gas Safety Certificates (CP12)" and "Commercial Gas Safety Certificates."

Commercial Gas Safety Certificates are further classified into different types based on the nature of the commercial activity. The Restaurants and Cafés fall under the category of Catering activities, so a "Commercial Catering Gas Safety Certificate (CP42)" is required. It is specially formulated to fulfill the gas safety requirements of Restaurants and Cafés. It includes the gas safety of ovens, grills, and cookers, which are normally used in such premises. The annual gas safety inspection will also include any other gas appliances installed in a Restaurant or Café. 

On successful completion of the annual gas safety inspection on all the installed gas appliances in the Restaurant and Café, the engineer will prepare the Commercial Catering Gas Safety Certificate (CP42). The engineer will give it to the landlord within a couple of days after the inspection. Just like all other gas safety certificates, this will also be valid for 12 months. It would require renewal on an annual basis before the expiry of the current certificate. 

After an amendment in the gas safety regulations, titled "Gas Safety (Installation and Use) (Amendment) Regulations 2018, the process of renewal of all types of gas safety certificates can be initiated anytime during the last two months before the expiry of the current certificate. However, the new certificate will take effect after the expiry of the current gas safety certificate. This amendment provides flexibility for the landlords in the renewal process. 

Important for Landlords

• The landlord of a Restaurant/Café is required to provide a copy of the valid Commercial Catering Gas Safety Certificate to the tenants within 28 days from the issuance date. 
• The landlords are required to keep the gas safety record for at least two years, for future reference. This is important for them to provide evidence of having conducted a gas safety inspection, especially in case of a gas mishap.
• Failure to conduct an annual gas safety inspection and get a valid Commercial Catering Gas Safety Certificate may result in fines of up to £6,000. In case of serious violations of the prevalent laws, they might also have to face legal proceedings. 
• Failure to obtain a valid gas safety certificate may also deprive the landlords of any insurance compensation. 

Conclusion

The safety of the properties and their occupants against the gas hazards is primarily the responsibility of the landlords. The gas safety regulations impose this responsibility on the shoulders of the landlords. To fulfill this legal obligation, they are required to arrange gas safety inspections on an annual basis on all the gas appliances installed in their properties and get a gas safety certificate. 

A restaurant or a café typically uses cookers, grills, and ovens. However, other gas appliances might be installed in a restaurant/café. All such appliances need to be inspected by the gas-safe registered engineer annually. Once the engineer is satisfied that all the appliances are gas-safe, they will issue the Commercial Gas Safety Certificate to that restaurant/café. This certificate is valid for one year and needs renewal before its expiry on an annual basis.