Kangs Solicitors were instructed to defend a client and his company in respect of a prosecution by Havering London Borough Council for offences contrary to Regulation 19 of the Food Safety and Hygiene Regulations 2013.
The Investigation | Kangs Regulatory Defence Team
Environmental Officers from Havering Council had attended our client’s Sushi Restaurant in January and February 2016, as part of a routine inspection.
Officers examined Food Safety Management System and Hazard Analysis Critical Control Point documentation, the potential for cross contamination of foods and checked the temperatures at which the food was stored.
The Environmental Officers found:
- Employees were not wearing disposable gloves, access to washing facilities was obstructed and no soap was provided;
- No formal food safety training was conducted;
- Health and Safety Procedures were not being correctly followed;
- No records were available of the movement of food into and out of cold display units;
- The temperatures of the chill cabinets were inaccurate;
- The Manager and Sushi Chef were unaware of the correct cooling times for rice;
- Pipework beneath the sink units and other areas were covered in grease and were
Our client had attended for an interview without legal representation and had made various admissions.
Defence Preparation | Kangs Environmental Health Solicitors
- Our client was charged in his own name with six offences and the company was charged with ten offences.
- Kangs Solicitors obtained and examined in detail all the case papers and
- discussed with our client his position at length and
- took full and detailed instructions.
Important Defence Considerations | Kangs Trial Preparation Solicitors
- As our client had made certain admissions in interview, he was advised to admit some of the
- This was our client’s first business venture and he accepted that he was inexperienced.
- Since the investigation commenced, he had attended many courses himself and he ensured that staff members also attended.
- Procedures were now in place to ensure that these offences could not be
- Our client was concerned that proceedings had been commenced against both him and his company with the result that he felt that he was being prosecuted twice for the same offences.
The Court Hearing | Kangs Criminal Trial Solicitors
- Prior to the hearing we were able to discuss the matter with the Council at length and persuade them to withdraw proceedings against the company, and simply continue against our client who faced lesser charges.
- Detailed mitigation was submitted setting out the improvements that had been made and which was supported by course certificates and photographic exhibits.
The Outcome | Kangs Criminal Defence Team
- Having considered all of the mitigation put forward by the defence at length and all of the material presented, the Magistrates concurred with the defence that our client should not be punished any further and they dealt with him by way of an eighteen months conditional discharge.
- The figure sought by the prosecuting authority for costs was reduced by almost two thirds.
Naturally, our client was overjoyed and jubilant with the outcome and expressed his gratitude to Kangs Solicitors for the way that his defence had been meticulously prepared.
How Can Kangs Solicitors Help? | Kangs Specialist Crime Solicitors
It is important for any business or individual facing any situation which may have criminal implications to 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.
If you have a similar issue and would appreciate some early expert and robust advice please do not hesitate to contact our team through any of the following and they will be happy to guide you.