Padstow Restaurant Fined £14,000 Over Carbon Monoxide Risk

A charcoal grill kept burning inside a Padstow restaurant after Cornwall Council had ordered it switched off. That decision has now cost the business £14,000 in fines and costs.

The case at Exeter Magistrates’ Court

The Pickled Plate Ltd pleaded guilty to five offences at Exeter Magistrates’ Court on June 18, 2026. The charges fell 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. It followed a series of warnings from council officers that the business ignored, along with a failure to comply with formal notices.

What happened at Higher Harlyn Park

During 2025, staff were using a charcoal grill inside the restaurant, which at the time was based at Higher Harlyn Park, Padstow. The premises had a ventilation system, but it had never been certified for use with a solid fuel grill.

The company’s sole director, Jasmine Caldwell, was given advice by council officers on the controls needed to use solid fuel cooking equipment safely in an enclosed space. That advice was not acted on.

The council then issued a statutory Improvement Notice. It required an engineer to certify that a suitable extraction system was in place to remove carbon monoxide. When the business failed to comply, the council followed up with a Prohibition Notice banning the use of solid fuel cooking equipment at the premises altogether.

An officer later visited and saw the grill being used in breach of that Prohibition Notice. The restaurant closed voluntarily after the visit.

The five offences

The company admitted:

1. Using a Konro barbecue grill in an enclosed area liable to expose employees to carbon monoxide, without a suitable and sufficient risk assessment.
2. Using a Konro barbecue grill in an enclosed area liable to expose people other than employees to carbon monoxide, without a suitable and sufficient risk assessment.
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 barbecue grill in an enclosed area liable to expose employees to carbon monoxide, without a suitable and sufficient risk assessment.

What the judge said

District Judge Smith said carbon monoxide poisoning in an unventilated area is serious and could lead to death or serious, life-changing injury. In this case, the judge found the likelihood of that harm occurring was low. The court heard there was some ventilation in the kitchen and that carbon monoxide alarms were present.

Jasmine Caldwell told inspectors she believed she was complying with the Prohibition Notice. The judge described that view as misconceived or naïve.

The court was told The Pickled Plate is a seasonal micro-business and that the restaurant has 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.

A warning to other Cornwall eateries

Nick Kelly, Group Leader for Food Safety, Health and Safety and Port Health at Cornwall Council, said more venues are turning to solid fuel equipment without the right safeguards.

“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,” he said.

“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 have effective safety measures in place and to reach out to our Business Regulatory Support team for advice if they’re not sure what is required.”

Advice for businesses is available on the Cornwall Council website at https://www.cornwall.gov.uk/business-trading-and-licences/business-regulatory-support/. Businesses can also contact the Business Regulatory Support Service on 0300 1234 212 (option 4) or email [email protected].

Councillor Thalia Marrington, cabinet member for Community Safety and Public Protection, said the business had been given every chance to fix the problem.

“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,” she said.

“When businesses blatantly disregard their legal obligations and put their staff and customers at risk, we have no choice but to take action.”

📷Image of the grill in use at the Pickled Plate. Credit: Cornwall Council.