Duck Oven Threat Widened
Westminster City Council
takes its complaint over the UK’s oriental
ovens to the European Commission
The saga threatening the future of the UK’s oriental
food continues. After months of legal wrangling, it looked
as though Crispy Duck was safely back on the menu at
restaurants across Chinatown after Westminster City Council
were forced to accept that the traditional ovens – which
they shut down in June – could be modified and
re-commissioned.
However, the council is now taking its
case to the European Commission for ‘clarification’ and
is potentially widening its net to include other appliances,
such as tandoori ovens and Korean table burners. The
council has also circulated its concerns over the carbon
monoxide emissions of the appliances to other local authorities
across the country.
Law firm, Davenport Lyons, has been
instructed by several Chinese restaurants in Chinatown
and Queensway. Alun Thomas, a partner in the leisure
department at Davenport Lyons says: “In taking
the case to the European Commission, Westminster City
Council is trying to close what it sees as a loophole.
The fact is that there have been no reported problems
with the ovens. The law on the matter is clear: these
ovens can be used and modified where they have been in
domestic circulation before 1 January 1996. After that
date, appliances must have a CE mark, which means they
must be imported.”
“The
council continues in its efforts to force restaurateurs
to replace all appliances with those with a CE mark,
very few of which exist, when the current ovens have
been proven to be safe and serviceable. This remains
a very frustrating time for restaurateurs. They lost
thousands of pounds a week in revenue when the ovens
were decommissioned, and now face more wasted time and
money if the matter escalates.”
Before the new development
to the case, Davenport Lyons had succeeded in getting
the council to agree to the appliances being modified
by certified CORGI engineers, as no replacement ovens
with a ‘CE’ mark
existed. The council confirmed that the appliances were
in a safe condition and they were re-commissioned.
© Davenport Lyons 2008. All rights
reserved.
This document reflects the law and practice as at November
2008. It is general in nature, and does not purport in
any way to be comprehensive or a substitute for specialist
legal advice in individual circumstances.