Kangs Solicitors has recently successfully represented a client and her company charged with breaches of The Food Safety & Hygiene (England) Regulations 2013.

Sukhdip Randhawa of Kangs Solicitors explains the circumstances.

It is imperative that any business or individual facing proceedings of any nature relating to alleged breaches of any Health and Safety legislation should seek immediate expert legal advice and guidance. 

Should you be faced with any issues of this nature please do not hesitate to contact us.

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For an initial no obligation discussion, please call our team at any of the offices detailed below:

The Circumstances | Kangs Food Safety Regulations Solicitors

A routine inspection of our client’s business premises by a senior Environmental Health Officer revealed:   

  • mouse droppings on floors and wall junctions,
  • dirty floors, wall tiles and wall junctions,
  • a hole in the tiles at low level that had not been pest proofed,
  • accumulations of grease in several places,     
  • dirty tables and equipment.   
  • mouse droppings throughout the premises next to food and food containers.

The Relevant Law | Kangs Food Hygiene Solicitors

The Food Safety & Hygiene (England) Regulations 2013 provides:

  • Section 19 (1) – any person who contravenes or fails to comply with any of the specified EU provisions commits an offence.
  • Section 19 (2) – a person guilty of an offence under these Regulations is liable on conviction before a Magistrates’ Court to a fine not exceeding the statutory maximum and on conviction before a Crown Court to imprisonment for a term not exceeding two years, to a fine or to both.

Prosecution of offenders is seen as a last resort in cases where the alleged offences are so serious that it is considered there is likely to have been an imminent risk to the health and safety of members of the public.

How We Assisted Our Client | Environmental Health Solicitors

Prior to instructing Kangs Solicitors our client had already, at an Interview she attended without legal representation, made admissions concerning the allegations and received a court summons.

By way of preparation for trial, the team at Kangs Solicitors: 

  • examined in detail the case papers served by the Prosecution,
  • attended our client on several occasions taking detailed instructions and discussing the company’s position and the appropriate course to adopt.
  • conducted detailed negotiations with the council which resulted in some concessions in relation to the condition of the premises,
  • prepared all necessary documents which included details of the extensive improvements that had already been effected in order to resolve the issues complained of

At the Hearing, a detailed mitigation was submitted on behalf of our client highlighting her previous good character, the admissions that she readily made, her remorse that the offences had occurred and the changes made since the offences had been committed.

Having considered this mitigation in detail, the Magistrates accepted that these offences fell at the bottom end of the sentencing scale in relation to harm and culpability and only fined the company £140.00 in relation to each offence.

Although the Prosecution sought costs of £1100.00 the Magistrates only awarded the sum of £300.00 with a victim surcharge of £32, resulting in a total liability to the company of only £612.00.

Our client was naturally delighted with the result achieved by Kangs Solicitors on her behalf as she had anticipated a far more severe penalty which would have had a crippling effect upon her company.           

Who Can I Contact For Help? | Food Safety Offences Defence Solicitors 

If either you or your company are facing an investigation by the local council and its environmental officers, then you should contact one of our team immediately you receive notification either that you are required for interview or that a summons is likely to be issued against you or your company.

If you require any assistance, please do not hesitate to contact the team at Kangs Solicitors on any of the following:

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210

Amandeep Murria
amurria@kangssolicitors.co.uk
0161 817 5020 | 0121 449 9888