Local Businessman Gerwyn Brian Charles Evans, trading as ‘Park Service Station’, Bedwellty Road, Cefn Fforest, Blackwood, received a 2 year conditional discharge and was ordered to pay £14,000 prosecution costs by District Judge Martin Brown when he was found guilty of 10 offences under the Health and Safety at Work etc Act 1974 for breaching regulation 6(1) and 6(10) of the Dangerous Substances and Explosive Atmospheres Regulations 2002.
In a four-day trial in Caerphilly and Abertillery Magistrates Courts, the court heard that between 22nd November 07 and 28th March 08 Mr Evans continued to use an underground petrol storage tank after it failed a tank test. He did this despite receiving specific safety instructions not to do so from Caerphilly County Borough Council Trading Standards Service. Furthermore Evans received deliveries of petroleum spirit into a second unlicensed tank, which had been out of use for more than 12 months and had not been tested, to ensure it was sound. In evidence the court was told of occasions when the tanks used to store petroleum spirit were unlocked and incorrectly labelled. Moreover the authenticity of site records was also brought into question during the proceedings.
When delivering his verdict District Judge Brown said that in his view Evans lost credibility for the obstinate way he stood his ground regarding the use of the tanks and that for some of the offences he had no real defence.
Councillor Lyn Ackerman welcomed the result of the prosecution saying ‘A major concern associated with the storage and dispensing of petrol is the risk of fire and explosion’. Petrol is a dangerous substance, which is why stringent safety measures are in place for the protection of the public. Those who put residents’ health and safety at risk must be taken to task.”
