Kangs Solicitors has successfully represented a client company facing an allegation of failing to comply with a Hygiene Improvement Notice contrary to Regulation 6(2) of the Food Safety & Hygiene (England) Regulations 2013.

Sukhdip Randhawa of Kangs Solicitors explains how this successful result was achieved.                 

Our Environmental Health and Food Hygiene team regularly represents businesses subjected to investigations in relation to all aspects of Food Safety and Hygiene Regulations across the whole of England and Wales from our offices situated in London, Birmingham and Manchester.

For an initial, no obligations discussion, please contact our team at any of our offices detailed below:

The Circumstances | Emergency Hygiene Prohibition Orders

During an inspection of our client’s premises, Birmingham City Council Environmental officers discovered a poor level of food hygiene and safety which remained consistent with conditions prevailing during previous inspections.

Our client was served with a detailed Schedule of Works deemed necessary to comply with Food Safety and Hygiene legislation and given the history of unsatisfactory hygiene conditions at the premises, the Environmental Agency Officer also served a Hygiene Improvement Notice under Regulation 6 of the Food Safety & Hygiene (England) Regulations 2013 on 12 February 2020.

The Notice expired on 5 March 2020 and the Environmental Officer re-visited the premises on 9 March 2020 to check that there had been compliance with the Notice. 

Whilst some improvements were noted, the level of hygiene, cleanliness and repair did not meet the requirements of the Notice with the result that a Court Summons was served.      

How We Assisted Our Client | Hygiene Improvement Notice Solicitors

The team at Kangs Solicitors:

  • attended our client taking detailed instructions including the reasons for the premises falling foul of the Health & Safety Regulations,
  • prepared a Schedule of Improvements explaining in detail the extensive improvements that had been made and the costs incurred in so doing,
  • advised our client upon the appropriate course to adopt and discussed the circumstances with the Prosecution.

The Hearing | Kangs Environmental Health Defence Solicitors

Although the Prosecution was initially maintaining that the offence carried a high degree of culpability placing it with a Category 2 rating in relation to harm, representations submitted by Kangs Solicitors resulted in the Prosecution accepting that the harm should be rated as a lesser Category 3 offence.

As the result of these successful negotiations, the starting position for the level of any fine imposed was reduced to £4,000 from one of £12,000 for a Category 2 offence.

At the Hearing, following consideration of the detailed mitigation presented to the Magistrates by Kangs Solicitors, our client’s company was fined the sum of £1,650, plus a contribution to the costs of the prosecution and payment of a victim surcharge of £165.

Given that our client had initially anticipated a far heavier fine than that achieved by Kangs Solicitors, he was naturally overjoyed with the result.

How to Contact Us | Kangs Food Safety & Hygiene Offences Defence Solicitors

The team at Kangs Solicitors has substantial experience arising from dealing with Environmental Health teams from Local Authorities across England and Wales and we aim to work proactively with our clients in an effort to secure an early favourable resolution to matters.

We welcome new enquiries by telephone or email. 

Our team of lawyers is available to meet at our offices in London, Birmingham or Manchester or, alternatively, we are happy to arrange an initial, no obligations, meeting via telephone or video-conferencing.

For initial enquiries please contact:

Suki Randhawa
0121 449 9888 | 020 7936 6396 | 07989 521210

John Veale
0121 449 9888 | 07989 521210

Amandeep Murria
0121 449 9888 | 020 7936 6396