Kangs Solicitors has recently represented a company and its director facing prosecution for an offence contrary to Regulation 19(1) of the Food Safety and Hygiene Act (England) Regulations 2013.
Sukhdip Randhawa of Kangs Solicitors explains the steps undertaken to achieve this satisfactory outcome on behalf of both clients following receipt of summonses to appear at Thames Magistrates Court.
The Environmental Health & Food Safety Team at Kangs Solicitors regularly represent the proprietors of businesses subjected to investigation and summonses in relation to all aspects of the Food Safety and Hygiene Regulations across England and Wales.
For an initial no obligations discussion, please contact our team at the any of the offices detailed below:
The Investigation | Kangs Food Safety Offences Defence Solicitors
When Local Authority Officers attended the company’s premises on a routine food and safety inspection they discovered:
- sixteen large raw sausages hanging from a display at different stages of the dry curing process which displayed no identification labels,
- further unlabelled displays of sausages in the cold store area,
- that they were unable to obtain any information regarding the origins of the sausages or determine where they had been produced, their ingredients, allergen content or date of durability.
As the business was unable to provide any information about the traceability of the source of the sausages found in the shop or cold store, a Detention Notice was served and a written Hygiene Report was left at the premises detailing the remedial action work which the business was required to undertake.
A second visit to the business premises was undertaken with confirmation of seizure of food and Notice was given to our client director of the company.
A Food Condemnation Notice was obtained from the Magistrates Court and summonses were issued against both our client director and his company.
How We Assisted Our Client | Kangs Environmental Health and Hygiene Solicitors
By way of preparation of our clients’ defences to the two summonses received, the Kangs Defence Team:
- examined in detail all the case papers served by the Prosecution,
- attended our director client discussing the circumstances which had led to the issue of the summonses against him and his company,
- advised upon their respective liabilities and the appropriate course to adopt in order to resolve the issues as satisfactorily as possible,
- discussed with our director client his communications with the Environmental Health Officers prior to instructing Kangs Solicitors,
- commenced discussions with the council seeking a suitable outcome without the need for a stressful and expensive trial.
The Successful Outcome | Kangs Solicitors
Following negotiations with the council, it was agreed the summons against our client director would be withdrawn upon the company pleading guilty.
Detailed mitigation was presented to Thames Magistrates on behalf of the company with the result that:
- the fine imposed on the company was limited to £1,600,
- the Costs Application presented by the council was reduced by half and
- the company was allowed time in which to discharge the financial penalty.
Our client director was naturally overjoyed at having the summons against him withdrawn and that the penalty imposed upon the company was far lower than may have been anticipated.
How Can We Help? | Kangs National Food Safety Defence Solicitors
It is important for any business or individual facing any situation which may have criminal implications to seek expert legal advice immediately to ensure that the interests of those concerned can be protected as far as possible.
If you are experiencing any issues involving Food and Health Safety and would appreciate expert advice, please do not hesitate to contact our Team through any of the following who will be happy to guide you: