BARBEQUE OFFENCES

It only takes one single spark or ember landing on dry grass to start a wildfire. Barbecues can stay hot for hours after they are extinguished and can pose an ongoing risk.

Last week,  due to the ongoing heatwave, drought (in some areas) and the continued risk of wildfires,  the government imposed a temporary ban on the sale of disposable barbecues.

However, some supermarkets such as Aldi and Waitrose stopped selling disposable barbecues in 2022, due to the detrimental impact they have on the environment.

Many retailers already had a policy in place to suspend the sale of disposable barbecues when requested by the local council or the  fire brigade.

Shops now face prosecution for offences relating to the sale of disposable barbecues. Under the General Product Safety Regulations 2005 (GPSR), these relate to  the unlawful supply, distribution, and commercial facilitation of these products during the active statutory ban.

 Selling or offering to sell a disposable barbecue in-store or online constitutes an offence.  Distributors supplying them to other businesses are also liable under the GPSR.

 If Trading Standards issues a Withdrawal or Suspension Notice and a business continues to display or keep stock for sale then criminal prosecution may follow.

Using a barbecue can lead to prosecution. This does not necessarily have to be in relation to the risk of wildfires.

Possible offences relating to the use of a disposable barbecue by the general public include:

 Littering- Leaving it behind can count as littering in a  public place which can carry a fine of up to £2,500.  Those who are authorised to do so, can also issue someone littering with a fixed penalty notice of £150 as an alternative to prosecution.

Breaching a Public Spaces Protection Order (PSPO)- by  lighting a barbecue in a local council park, on a beach, or on moorland where there are prohibitory signs.

Arson and criminal damage- If a barbecue ignites  land or structures, or if it leaves damage (even if this is temporary) then individuals can be prosecuted for criminal damage.

The location of a fire or barbecue could also leave you liable to prosecution for nuisance, black smoke offences and other road traffic offences.

For free initial advice please contact 01606 592129 - Mark Evans or Sarah Hamblett