Ecstatic Client | Successful Outcome | Food Safety Case
KANGS Solicitors has recently concluded to the complete satisfaction of our clients, a company director and his company, proceedings issued by Waltham Forest Council in relation to two offences contrary to the Food Safety and Hygiene (England) Regulations 2013.
Sukhdip Randhawa of KANGS Solicitors outlines the circumstances.
The Prosecution Case
Our director client and his company were charged with two offences arising from mouse infestation and poor levels of cleanliness and repair evident across the business premises.
When Environmental Officers from Forest Gate Council visited our client’s Public House on 7 July 2022:
- it became apparent that there was widespread mouse activity within the premises and the standard of cleaning was poor,
- an inspection of the Pest Control Company Folder revealed that pages were missing indicating that inadequate procedures were in place to prevent ongoing pest activity,
- in the cellar, a large amount of mouse droppings were found on the floor, behind a chest freezer, on the stairs leading to the ground floor and behind a drinks unit. A mouse carcass was uncovered together with old loose bait and holes in the flooring indicating inadequate pest proofing,
- it was also discovered that the premises were not being kept clean and maintained in good repair with dirt, debris and grease around work units.
Environmental Health Officers issued the premises with a Hygiene Emergency Prohibition Notice, closing the premises immediately and summonses were subsequently issued against our director client and his company.
How We Assisted
In readiness for the court proceedings, the Team at KANGS Solicitors:
- attended our client taking comprehensive instructions as to how the premises had fallen foul of the Health and Safety Regulations given that our client had previously held a 4 Star Food Rating.
- Scheduled the renovation work that had been conducted and the immediate improvements made which resulted in the premises being allowed to reopen within days of closure.
- discussed with our client pertinent personal issues at the time of the offences,
- advised our client upon his position and that of his company given that he had previously attended formal Interview, without legal representation, during which important Admissions had been made.
The Court Hearing
Following our advice, in view of the Admissions previously made, Guilty Pleas were entered by both defendants.
- The Prosecution, relying on a history of poor non-compliance, submitted that the case was one of high culpability as a Category 2 Offence, and which has a starting point of £12,000 fine per offence for the business.
- The Prosecution alleged foresight and wilful blindness on behalf of the director and the company allowing the business to operate an infested and dirty premises, despite the obvious risk to health, and to put in place any proper systems to address the issues.
- On behalf of our clients substantial detailed mitigation prepared by the Team at KANGS was submitted which included the provision of photographs and medical evidence.
The Successful Outcome
Having considered the detailed mitigation evidence presented, the Court accepted that the offences should be considered as Medium Culpability as opposed to High Culpability.
In these circumstances the Court:
- fined the company £4,000 in total,
- imposed a fine upon our client director of £1,153,
- refused an Application by the Prosecution for payment of its costs in full by limiting the amount payable,
- ordered payment of a victim surcharge.
Naturally, our client was ecstatic with the outcome achieved on his behalf by the Team at KANGS Solicitors. He fully appreciated that had the Prosecution succeeded with its objectives, the potential level of fines which the Court could have imposed may have amounted to tens of thousands of pounds.
How Can We Help?
It is important for any business or individual facing any situation which may have criminal implications to seek expert legal advice at the earliest possible stage to ensure the welfare of those concerned can be protected as far as possible in the prevailing circumstances.
We welcome enquires by:
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.
