Successful Outcome in Food Safety and Hygiene Case | Avoiding Prison and Reduced Fines
KANGS assisted our client and his company in achieving a highly successful resolution to proceedings issued against them for alleged breaches of Food Safety and Hygiene Regulations, following a complaint by a member of the public that she became unwell after consuming food at the company's business premises.
Sukhdip Randhawa of KANGS explains how this highly satisfactory outcome was achieved.
Alleged Breaches of Food Safety and Hygiene Regulations
Following receipt of the complaint, Environmental Health Officers carried out a routine inspection of our client’s food business premises. This was done in the knowledge that an inspection of the same premises in the previous year had resulted in a ‘very poor’ rating.
During the inspection, the Environmental Officers identified several concerns, including:
- staff not washing their hands when handling both cooked and uncooked foods,
- inadequate food safety management systems, and
- their knowledge of food allergens was inadequate.
An Intervention Report Form was served upon our client together with a Schedule of Works which were required to be carried out.
In due course, the Environmental Officers formed the opinion that insufficient progress had been made to bring the premises up to the required standard. As a result, court summonses were served upon both our client and his company for three offences under the Regulations including failure to comply with the hazard analysis and critical control points principle, failure to comply with a Hygiene Improvement Notice and failure to provide specific food and allergen information.
How We Defended the Food Hygiene Prosecution
As our client and his company had accepted responsibility, it was essential for the team at KANGS to concentrate on collating the pertinent evidence for presentation to the court by way of mitigation.
To achieve this, we:
- obtained from the Prosecuting Authority and examined all relevant paperwork that was relied upon, including photographs,
- attended our client and advised him on both his personal situation and that of his company, the seriousness of the situation they faced and the procedure to adopt in an endeavour to mitigate the potential penalties which may be imposed as much as possible,
- discussed with our client, as a director, the circumstances leading to the matters complained of, the steps which had been taken over the previous year to improve the situation, and the ongoing proposals for fully rectifying the issues,
- collated all relevant material, including photographs, to be relied on by way of mitigation, which was incorporated into a carefully paginated bundle of documents for presentation to the Court.
The Successful Outcome | Prison Avoided and Fines Significantly Reduced
The Prosecution maintained that the offences were of such seriousness, including an allegation that the complainant had been hospitalised for a short period, that the Court should consider sentencing at the top of the range, being nine months’ imprisonment for our client, as a director, and fines for the company in the region of sixty thousand pounds.
However, this stance was firmly opposed by the team at KANGS, and after robust legal arguments were advanced, the Prosecutor eventually relented.
Following our further representation on behalf of both our client and his company, the Magistrates accepted that the offences fell within the medium Category 2 range and imposed:
- upon our client, as a director, a fine of £1,000, as opposed to the three-month prison sentence initially mooted by the Prosecutor,
- upon our clients’ company a fine of £1,000, as opposed to the potential fine of £60,000 referred to above.
- a contribution towards costs of £750 by both defendants,
- a victim surcharge of £400 payable by both defendants.
Additionally, both of our clients were also allowed time to make payment.
Naturally, our client was enormously relieved at this highly successful outcome, achieved for both him and his company, particularly having regard to the potential penalties. He expressed his deepest gratitude for the work which had been undertaken by the team at KANGS.
Our Experience Defending Food Safety and Hygiene Prosecutions
The team at KANGS possesses extensive experience gained over many years of advising and representing both individuals and companies facing investigation and prosecution for alleged breaches of the Food Safety and Hygiene Regulations.
We regularly assist clients responding to investigations by Environmental Health Officers, Improvement Notices, Emergency Hygiene Prohibition Notices and criminal proceedings arising from alleged food safety offences.
As demonstrated by the case outlined above, obtaining specialist legal advice at the earliest opportunity can have a significant impact on the outcome of an investigation or prosecution.
Below are further examples of successful outcomes:
- Routine Inspection Turns Ends in Emergency Prohibition Notice
- Food Business Closed After Receiving a Hygiene Prohibition Order
If you, your business is facing potential enforcement action for alleged breaches of food safety and hygiene legislation, it is important to seek immediate legal advice. Furthermore, you should avoid participating in voluntary interviews or discussions with any prosecuting authority without first obtaining legal guidance.
Our experienced solicitors are committed to providing clear, practical advice and robust representation, achieving favourable outcomes which far exceeding our clients’ expectations.
If we can be of assistance, please do not hesitate to contact a member of the team at KANGS 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 video conferencing or telephone.
Top ranked by leading legal directories Chambers UK and the Legal 500.
