A plumber who was given a suspended prison sentence after being filmed by the BBC carrying out illegal gas work has returned to court for illegally fitting a boiler.
Brian Lloyd was exposed for carrying out illegal gas work by the BBC’s Watchdog television programme, Rogue Traders, in 2009. At the time, the 59 year-old self-employed plumber was under investigation by the HSE, who subsequently prosecuted him in February 2010. He was given a 17-week prison sentence, which was suspended for 12 months.
However, six months after the case, and despite still not being Gas Safe Registered, Lloyd installed a combination boiler at a house in Towngate, Ossett. The boiler didn’t work, so the householder asked Lloyd to present his Gas Safe certificate and a warranty for the unit. When neither was presented, the householder contacted the boiler manufacturer and found the appliance had not been registered.
The company sent out a qualified engineer to inspect the boiler, who identified a number of faults and immediately classified the appliance as ‘at risk’. The engineer subsequently reported Lloyd to the HSE for carrying out dangerous work and not being Gas Safe registered.
The HSE’s investigation established that not only was the work an offence under Lloyd’s suspended prison sentence but also contravened a Prohibition Notice, which prevented him from carrying out gas work until he was registered.
HSE inspector Andy Denison described Lloyd’s repeat offence as “one of the worst cases I have come across” of unsafe gas work. He said: “His previous conviction for a number of offences, and his naming and shaming on a TV programme, have done nothing to deter him from trying to make a profit at the expense of people’s safety.
“I cannot emphasise enough that all gas work should only be carried out by Gas Safe registered engineers, who have the training, qualifications and competence needed.”
Lloyd appeared at Leeds Crown Court and pleaded guilty to breaching reg.3(3) and reg.26(5) of the Gas Safety (Installation and Use) Regulations 1998, for carrying out illegal gas repairs and leaving the boiler in an unsafe condition. He also admitted breaching s33(1)(g) of the HSWA 1974 for contravening an enforcement notice. He was ordered to serve 250 hours community service and pay £500 towards costs.
After the hearing, Gas Safe Register chief executive Paul Johnston said: “Consumers should always check that an engineer is qualified to carry out gas work. If you have any doubts about the gas safety of any work you have done then contact Gas Safe Register to request a free inspection.”
The Safety Conversation with SHP (previously the Safety and Health Podcast) aims to bring you the latest news, insights and legislation updates in the form of interviews, discussions and panel debates from leading figures within the profession.
Find us on Apple Podcasts, Spotify and Google Podcasts, subscribe and join the conversation today!
This sentence is shamefull, when you consider that lives are knowingly being put in danger.
Ray,
I paid more than £500 quid for my boiler, fitted by a Gas Safe Engineer.
Hopefully the community service does not include for any plumbing work?
It`s nice to see the judiciary getting it right for a change?
The HSE and the TAX payer lost a fortune on this case, it would have been cheaper to get him GAS SAFE Trained.
I thought the idea of a suspended sentence (17 weeks suspended for 12 months) was if you re-offend within the suspension the sentence is enforced, so why is this plonker not in jail?
I trust he is on the local authority/HSE watch list.
Anybody realy think this guy has now given up gas fitting and repair?
The article notes that the “plumber” (not gas fitter!) was sentenced to 250 hours community service, however makes no mention of whether the previous suspended sentence was served. If not, is there any surprise that people feel it is worth taking the risk to flaunt the law. Consideration to the potential damage to health and property seems to be low down on both his agenda and also that of the judge who also seems to accept such repeat offending with a cursory “slap on the wrist”!
This is not justice. He gets a suspended prison sentence in Feb 2010, six months later he commits the same offence, and breeches a prohibition notice, and only gets a bit of community service. The custodial sentence from Feb 2010 should have been started and then he should be sentenced for the second offence. Why did this take 16 months to get to court. The HSE should be appealing the leniency of this sentence.
Once was enough. Twice should have meant jail time
HE SHOULD BE LOCKED UP.tHANK GOD THAT THE OWNER ASK FOR HIS CERTIFICATES.
cannot understand why this guy was not jailed as he had a suspended 17 mth jail sentance in place, no wonder these guys reoffend
Surely if he was suspended for 12 months and commited another offence within 6 months he should have been sent straght to prison anyway?
What sort of message does this rediculously low penalty send out to would-be offenders? Considering the offender has already been prosecuted in 2010 with a 17 week suspended sentence, 250 hours community service and £500 costs is a joke. You could get a more serious sentence for speeding!
Trevor, the quality of his work is irrelevant. He was not Gas Safe registered and therefore not competent to fit gas boilers, plus he breached a PN and he had a previous conviction for a similar offence. Short of killing someone how far does dangerous and incompetent go?
More worringly, the cowboy was only caught by his own stupidity coupled with the vigilance of a customer.
Trevor, the chap is described as a plumber, as opposed to a heating engineer, so hopefully he will stick to fixing taps and kitchen sinks.
I have no idea why the Judge felt compelled to give only 250 hours community service. I bet if the cowboy had been fitting the Judge’s boiler he would not have been so lucky.
If he had killed someone then a manslaughter charge would have been the most likely scenario – it is still possible given his track record.
Surely he should have been sent to prison for breaching the suspended sentencing in February 2010?
Totally agree with Ray, what sort of message is this – community service is a cop out, designed to stop prisons from overcrowding – which is some cases can be justified, but not in this case.
This punishment is a laugh. Or is it? While the boiler installation did not meet the Gas Save requirements was it actually dangerous? If there was a risk of explosion, carbon monoxide emissions inside the house or other otherwise potentially harmful situations then he should be taken out of circulation. It is a firm bet that he has installed more boilers than the ones he has been caught with. This could explain the lenient sentence but he will kill someone eventually as this will not stop him.
Ray, I do understand the need for correct training and the number of deaths in the past accentuates this but, how did the judge weigh up the level of Community Service punishment? Was it because this prat did not kill anyone or that no one became ill? This is how he earns a living and there will be more customers even while he is doing his 250 hours. Should his activities actually kill someone I trust that the prosecuting authorities recognize this and take him out of circulation for good.