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01/05/25

Prosecution Avoided in Food Safety & Hygiene Investigation

Prosecution Avoided in Food Safety & Hygiene Investigation
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KANGS has successfully assisted our client, a company director of a food provision business that was served with an Emergency Hygiene Prohibition Notice due to the imminent risk of injury to health, discovered during an inspection by officers from Birmingham City Council.

Sukhdip Randhawa of KANGS explains how we assisted our client achieve this very favourable outcome.

Circumstances of the Emergency Hygiene Prohibition Notice

During an inspection of our client’s business premises by the Health Officers, they discovered a number of unsatisfactory issues including:

  • a cockroach infestation including the presence of both dead and live cockroaches,
  • unkept and unclean work surfaces,
  • poor pest proofing.

The Emergency Hygiene Prohibition Order had forced the closure of the business. Shortly following the business being allowed to reopen, a further inspection was conducted which found:

  • food products had not been covered overnight,
  • the presence of unclean equipment was observed,
  • cockroach activity was still evident and that treatment was still required.

In view of the ongoing failings court proceedings were commenced.

How We Assisted Our Client

At the time we were instructed, there was only a short period of time remaining before the Hearing date for our solicitors to prepare our client’s defence. Upon taking detailed instructions from our client, it was revealed that the business was newly established and had been beset by considerable staffing problems.

Extensive detail was collated concerning the manner in which the trading problems had arisen, the steps taken to rectify the issues and the proposals for the ongoing conduct of the business.

Due to the considerable experience of our solicitors in food safety and hygiene investigations and prosecutions, we are well versed in conducting discussions and negotiations with Environmental Health Officers with a view to avoiding court proceedings. In this case, detailed discussions were conducted with Birmingham City Council which resulted in agreement that the matter would be dealt with by way of a simple Caution against the business and that the court proceedings would be withdrawn.

Our client was overwhelmed and overjoyed with the successful outcome that had been achieved on his behalf by the team at KANGS within such a short period of time. He stated that he was extremely grateful for the referral to KANGS by others in the industry.

How Can We Help?

If you are facing investigation or prosecution for failing to comply with food safety and hygiene regulations https://www.kangssolicitors.co.uk/services/regulatory/environmental-health/ or received an Emergency Hygiene Prohibition Notice, our skilled and experienced solicitors are here to assist you. They understand the complexities of such matters and are committed to providing the highest level of legal support and expertise.

The team at KANGS would be delighted to help you navigate through the complex nature of Food Safety and Hygiene law. Please do not hesitate to contact us using the details provided below:

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.

Sukhdip Randhawa

Sukhdip Randhawa
Legal Director

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John Veale

John Veale
Partner

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Nazaqat Maqsoom

Naz Maqsoom
Associate

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