Kangs Solicitors has recently represented a company and three of its directors all charged with alleged breaches of Regulation 19(1) of the Food Safety & Hygiene (England) Regulations 2013.
Sukhdip Randhawa of Kangs Solicitors outlines how this successful result was achieved.
The Environmental and Food Safety Team at Kangs Solicitors regularly represents businesses and their proprietors subjected to investigations in relation to all aspects of Food Safety and Hygiene Regulations across England and Wales from our three offices.
For an initial no obligation discussion, please contact our team at any of our offices detailed below:
The Circumstances | Kangs National Food Safety and Hygiene Team
During an inspection of the company premises by Waltham Forest Environmental Officers on 13 July 2020, it was discovered that:
- repairs were being undertaken to a collapsed roof,
- there was a serious rat infestation and
- the standard of cleaning and repair was very poor.
In these circumstances:
- a Senior Environmental Officer concluded that the business should be closed and a Hygiene Emergency Prohibition Notice issued.
- summonses were served upon each director and the company to appear before the local Magistrates’ Court.
How We Assisted Our Clients | Kangs Food Safety Solicitors
The Team at Kangs Solicitors:
- attended upon our director clients taking detailed instructions concerning the state of the premises and the unsatisfactory conditions complained of. Inter alia, it transpired that two of the directors had been unable to attend the premises due to the Covid pandemic, their ages and medical ailments.
- having considered the situation in detail, advised our clients upon their position and the appropriate course to adopt to mitigate their position as far as possible,
- upon the information received, prepared a Schedule of Improvements that had already been undertaken together with a Bundle of Documents to be considered by the District Judge at the Hearing supporting the works undertaken to rectify the issues.
- conducted discussions with the Prosecuting Authority highlighting the facts that the business was not trading at full capacity as a result of staff shortages, elderly staff shielding due to Covid which had resulted in standards not being maintained to the normal high standards, and emphasising the previous unblemished reputations of the directors and the company.
The Successful Outcome | Kangs Environmental Health Solicitors
As the result of the negotiations which had been conducted, the position was reached whereby:
- a guilty plea was entered by the company,
- the proceedings against our director clients were withdrawn, which represented a highly satisfactory outcome for those clients.
Following the guilty plea on behalf of the company and the detailed mitigation factors prepared by the Team at Kangs Solicitors and submitted on its behalf, the District Judge ordered:
- a fine of £400 for the first offence,
- no separate penalty in relation to the second offence,
- costs and a victim surcharge to be imposed.
Given that the three directors had feared that substantial fines, possibly up to £10,000, may have been imposed, they were naturally overjoyed.
Happy Clients | Kangs Solicitors
Our clients, who had been very anxious, stressed and concerned throughout their ordeal, said:
‘Thank you for all your efforts on our case. We could not be any more satisfied with the results and I personally cannot thank you enough … I will most certainly recommend you to anybody who may need your services’.
How Can We Help? | Kangs National Criminal Defence Solicitors
Any business or individual facing the prospect of any criminal proceedings of any nature should seek expert legal advice at the earliest possible stage to ensure that the welfare of those concerned can be protected as far as possible in the prevailing circumstances.
Should you require advice and guidance, please do not hesitate to contact our Team through one of the following who will be happy to guide you: