Client Delighted with Outcome to Food Safety & Hygiene Prosecution
Environmental Health Officers will often visit food business premises either following a complaint which has been received or by way of a routine inspection. Where any matters of concern are discovered, it is usually the case that a Hygiene Improvement Notice will be served setting out the unsatisfactory issues which require remedy.
If it is considered that there exists an immediate risk to public health, a Hygiene Emergency Prohibition Notice will be served, resulting in immediate closure of the business until sufficient work is carried and the risk is resolved.
The team at KANGS is regularly instructed to assist clients who have been served with a Hygiene Improvement Notice following an inspection by Environmental Health Officers. In a recent case we assisted our clients, a director and his company, achieve a highly successful outcome to prosecution proceedings brought by Birmingham City Council in relation to breaches of the Food Safety and Hygiene Regulations.
Sukhdip Randhawa outlines how the team at KANGS achieved this successful outcome.
The Circumstances
In September 2024, during a routine food hygiene visit to our clients’ premises the following were found:
- cockroaches in and around the kitchen area,
- evidence of mice droppings in and around the premises,
- inadequate hand-washing facilities,
- inadequate food handling and hygiene procedures, based upon the principles of Hazard Analysis and Critical Control Point (HACCP),
- inadequate procedures to ensure the premises were kept in a good repair and condition, food was kept at the correct temperature and stored appropriately, and food handlers were provided with suitable training.
As the result of these defects, an Emergency Prohibition Notice was served, leading to the immediate closure of the business. Prosecution proceedings were subsequently commenced against our client director and his company, comprising of three charges for breaches of the Food Safety and Hygiene Regulations.
How We Assisted Our Clients
As both our director client and his company had previously admitted the three charges, the challenge for the team at KANGS was to achieve the most favourable outcome possible.
In pursuit of this objective, our team:
- examined and considered in detail all the evidence available including the financial records of the business,
- attended upon our client on several occasions discussing the trading position of the company and the events surrounding the offending,
- advised our client and his company generally and discussing our director client’s personal mitigating circumstances,
- collated all supportive documentation which was formatted and paginated in a bundle in order to assist the Sentencing Tribunal.
The Successful Outcome
The Prosecution maintained that the offences fell into a serious category, which attracted substantial penalties, with the starting point being a fine of £12,000 for the company in respect of the offence, plus a substantial fine for our client director.
However, having considered the detailed and persuasive mitigation carefully compiled and submitted by the team at KANGS, the Magistrates imposed the following fines.
Against the company:
- £467 for charge 1 and,
- no separate penalty for charges 2 and 3.
Against our client director:
- £102 for charge 1 and,
- no separate penalty for charges 2 and 3.
Total Penalties imposed:
Additionally, a victim surcharge was imposed against both parties and Prosecution costs were shared between them.
Against the background of the potential £12,000 penalty for a single offence, the total liability achieved of £1,435.80 for the business and £943.00 for our client director, was accepted by our clients as an outstanding achievement.
How We Can Help
Our solicitors possess extensive experience gained over years of advising and representing clients facing prosecutions for breaching food hygiene and food safety regulations.
If you or your company is under investigation, or subject to a Hygiene Improvement Notice arising from breaches to Food Safety and Hygiene Regulation, it is essential that you obtain expert legal advice immediately.
Our team includes lawyers specialising in defending individuals and businesses facing prosecution for breaches of the Food Safety and Hygiene Regulations. If we can be of assistance, please do not hesitate to contact a member of our team at KANGS 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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