The duck oven threat continues

In June, Westminster City Council permanently closed ovens or issued notices saying they must be replaced with models which meet higher standards. 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 said: "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." He added: "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.