Following a joint investigation by the Health & Safety Executive (HSE) and Kent County Council's Trading Standards, a trader who allegedly put vulnerable people at risk of carbon monoxide poisoning will appear in court.

The hearing of trader Tommy Smith, at Margate Magistrates' Court will take place this morning.

Mr Smith is accused of undertaking building work for the elderly and vulnerable in the Thanet area of Kent, and as a result of his work, putting them at risk of carbon monoxide poisoning.

The HSE and Kent County Council Trading Standards believe that Mr Smith reduced the height of two chimneys, which contained gas boiler flues, giving rise to a risk of the build up of carbon monoxide in the properties affected. Fortunately no people were injured.


The HSE allege Mr Smith breached Section 1(1) of the Employers' Liability Act 1969 by not having the correct insurance in place for the workers he employed. Mr Smith is also accursed of two breaches of Regulation 8(1) of the Gas Safety Regulations 1998, involving undertaking work on chimneys which resulted in a risk of carbon monoxide build up in the two properties involved.

Kent County Council Trading Standards allege Mr Smith breached two of the counts of the Regulation 4A(1) Consumer Protection by entering into a contract but failing to deliver written notice of consumers’ cancellation rights. The trader is also accused of one breach of Section 4 of the Business Names Act 1985 by failing to state contact details on an invoice where legal documents could be served.

If found guilty of all offences the trader could be fined a maximum of £18,500.

(JM)