Directors’ Relief at Successful Outcome to Food Safety Prosecution
KANGS has successfully assisted a food business, located in the London Borough of Waltham Forest, along with its directors, in successfully resolving court proceedings initiated due to breaches of Food Safety and Hygiene Regulations.
Sukhdip Randhawa of KANGS details how this highly satisfactory outcome was achieved.
The Circumstances
An inspection of the clients’ business premises by Health Officers revealed, amongst other issues:
- mouse infestation throughout, including the kitchen and production area,
- an unsatisfactory level of cleanliness throughout.
Upon the service of a Hygiene Emergency Prohibition Order, the business was immediately closed but subsequently allowed to re-open whilst further investigations were conducted in relation to the potential offences thought to have been committed by the company and its directors.
How We Assisted Our Clients
Following a detailed discussion of the complaints with our director clients, it became apparent that while shortcomings had occurred, these were to a large extent due to human error on the part of others rather than their own failings. Nevertheless, there was an acknowledgement to accept a limited level of responsibility.
Accordingly, in order to apprise the Prosecution of the position, the team at KANGS, collated and examined numerous pertinent documents which, together with a bundle of detailed representations were submitted to the Prosecution for consideration.
Several months later, the Prosecution confirmed that no further proceedings would be taken against our client directors. However, the company would be prosecuted for two offences.
Although our client directors were delighted and relieved that they were not going to be personally prosecuted, they were still concerned at the level of financial penalties that may be imposed upon the business.
The Prosecution regarded the offences as constituting a high level of both culpability and harm which, if awarded could result in financial penalties calculated from a starting point of £25,000 in respect of each offence.
The Successful Outcome
At the Sentencing Hearing before Thames Magistrates’ Court, the Prosecution outlined its reasoning for maintaining high culpability and harm on behalf of our client company. However, having considered the detailed mitigation which we presented on behalf of our client company, the Judge imposed a total fine for both offences of £6,600 plus costs and a surcharge.
Naturally, our clients were absolutely delighted at this outcome given that the Prosecution’s contentions, if fully accepted by the court, could, potentially, have resulted in total fines exceeding £50,000.
Our clients expressed profound relief and immense satisfaction upon receiving the outcome. What had initially seemed like a challenging situation which could have resulted in very substantial fines exceeding £50,000 was successfully navigated to achieve a highly favourable outcome. The success brought a deep sense of reassurance and joy to our clients, reaffirming their confidence in the process and the representation they had received.
How Can We Help?
KANGS regularly guides and defends businesses and individual clients facing prosecution for alleged breaches of the Food Safety and Hygiene Regulations throughout all areas of the country. With offices in London, Birmingham and Manchester we are well placed to assist clients wherever court proceedings may be commenced.
If you are under investigation or facing charges related to breaches of food hygiene or safety laws or have been served with an Emergency Hygiene Prohibition Notice, the dedicated team at KANGS is ready to support you. With deep expertise in this area, our solicitors are committed to guiding you through the complexities of your case and delivering exceptional legal representation.
To speak to a member of our team, contact us using the details 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.
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