Successful Outcome | Food Safety & Hygiene
Kangs Solicitors have been representing a husband and wife who are the owners of two adjoining restaurants.
They instructed Sukhdip Randhawa in view of his reputation gained from assisting previous clients who had faced similar difficulties to their own and he now reports upon the successful outcome which has been achieved.
The Environmental Health Investigation
Public Health workers from Tamworth Borough Council had visited our clients’ premises on numerous occasions over several years, to carry out food hygiene inspections.
It was alleged that whilst some improvements had been made over this period of time, the premises still suffered from:
- signs of non-compliance in relation to documentation in the Safer Food Better Business Pack for Safety Management Systems,
- lack of general cleanliness and disinfection throughout,
- poor hygiene practices
- various foods being stored in an unsatisfactory manner presenting a heightened risk of contamination,
- a number of flies in and around the food.
The Environmental Health Proceedings
The Council invited our clients for interview which they attended without legal representation.
During interview, various admissions were made.
Both clients were summonsed and
- our male client faced eight charges under the Food Safety and Hygiene 2013 Regulations,
- and our female client faced sixteen separate charges relating to the two businesses.
Matters were complicated by the facts that the offences were aggravated as the result of having taken place over several years and our male client had previously been given a caution in relation to his continued offending.
- Detailed instructions were taken from both clients and their respective positions discussed in detail.
- Discussions were immediately commenced with those prosecuting on behalf of Tamworth Borough Council.
The Wife’s Defence:
Our investigations revealed that although the husband had previously been cautioned for these offences, his wife had never been offered a caution and had simply been summonsed to Court as the result of the admissions made at interview.
We formed the view that the procedure adopted by the council may have amounted to an abuse of process and, following further detailed communication with the Council, the decision was made to withdraw all matters with which she had been charged upon the basis that she agreed to be cautioned.
Our client willingly agreed to settlement upon this basis.
The Husband’s Defence:
- In view of the admissions that had been made at interview and the historic caution, our client’s defence presented its own obstacles
- Further detailed discussions enabled us to establish and produce mitigating features to be presented at his hearing
The Court Hearing
At the Hearing:
- Guilty pleas were entered to all charges
- The carefully prepared points of mitigation were presented to the Court
The Successful Outcome
- imposed a fine of £500,
- ordered our client to pay prosecution costs and
- also imposed a victim surcharge.
Expression Of Our Clients’ Gratitude
“To Mr Randhawa, I would like to express my gratitude for your efforts and dedication for my case. It was quite long and an upsetting process, but the outcome of the Court hearing is good in the end”.
“Having an experienced Solicitor like you on our side is a good signal that we are walking into the Court room to get the result in our favour. If it weren’t for your analytical skills and knowledge the result of the hearing wouldn’t be so good. Thanks once again for your legal advice, time and efforts”.
“It was a great result, we were more than pleased with the result. If we need any legal help and advice in the future, we will definitely contact you again. Thank you very much for all of your help”.
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