Thrilled Clients Rejoice as Food Safety Charges Are Successfully Resolved
KANGS Solicitors has recently resolved proceedings for breaches of the Food Safety and Hygiene Regulations brought by Waltham Forest District Council against our clients, two company directors and their company.
The matter, which raised significant concerns regarding the cleanliness of their premises, its general state of disrepair and associated risks to public health, was resolved to the complete satisfaction of our clients.
Sukhdip Randhawa of KANGS outlines the key aspects of the proceedings and the strategic approach adopted to achieve a favourable outcome.
The Investigation and Prosecution Allegations
During an investigation conducted by Environmental Health Officers in March 2023, it was determined that the premises were not being kept in a clean and proper state of repair. The investigation further revealed:
- two dead mice were discovered on a rodent sticky board trap located on the floor beneath a food shelving unit,
- fresh mouse droppings were observed in various areas of the shop premises, along with holes present in the plasterboard,
- that the premises were found to be neither clean nor in good repair,
- food debris, dirt, and spillages were evident in food storage areas,
- missing and damaged ceiling tiles were noted in a storage area.
Environmental Health Officers determined there was an imminent risk to health, leading to a Hygiene Emergency Prohibition Notice being served resulting in the immediate closure of the trading premises.
Following further investigations, summonses were issued against both directors and the company. The Prosecution submitted that:
- this was a case of high culpability i.e. actual foresight of, or wilful blindness to, the risk of offending,
- there had been a flagrant disregard of the law,
- no steps had been taken to eradicate the pest infestation despite previously being advised of the same,
- there was clear risk of cross contamination of food and packaging with food poisoning pathogens in relation to the mouse activity.
Preparation for the Court Hearing
Due to the significant turnover of our client’s company, there was a very high risk that a very substantial financial penalty would be imposed, which would have a severe damaging effect for our clients.
With the objective of resolving the issues and mitigating the potential penalties as far as possible in the circumstances, the team at KANGS:
- attended upon our clients, discussing how the circumstances leading to their difficulties had arisen,
- examined all pertinent documentation,
- advised our clients upon the appropriate course of action to pursue in order to mitigate their position as far as possible,
- collated and prepared detailed mitigation to be presented to the Court at the Hearing.
Taking a Strategic Approach
Having agreed a strategy with our clients, we conducted negotiations with the Prosecution, which agreed that a prosecution of the company alone would be a sufficient course of action and that it would not proceed against our two client directors who were of good character.
As a result, the Prosecuting Authority accepted that the fault lay solely with the company and that our director clients should not be prosecuted. Accordingly, it was agreed that the company would plead guilty plea and the proceedings against the directors were formally withdrawn.
The Highly Satisfactory Outcome
At the Hearing, following consideration of the detailed mitigation submitted on behalf of the company, the Magistrates imposed a fine of £16,000 on one of the two offences charged. There was no separate penalty imposed on the second offence charged.
Given that the significant potential liability faced by our clients, which was estimated in the region of £24,000 for the first offence alone. Naturally, they were overjoyed with the outcome achieved by our team. Especially with the dismissal of the proceedings against them personally, and that they had retained their status as good characters.
How Can We Help?
If you, or any company where you serve as a director, are facing any form of potential action due to allegations of a breach of Food Safety and Regulations, it is important to seek immediate professional legal advice.
It is especially important not to participate in any discussions or interviews with a prosecuting authority without first obtaining legal guidance and, ideally, having legal representation during such engagements.
As demonstrated in the circumstances outlined above, having experienced legal support will nearly always assist in mitigating potential liabilities.
Our expert team is here to offer the guidance and support necessary to navigate these challenges effectively. Do not hesitate to reach out and contact 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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