Restaurant Owner Delighted | Food Safety and Hygiene Prosecution Successfully Resolved
KANGS has successfully resolved a prosecution brought by Birmingham City Council, involving multiple offences under the Food Safety and Hygiene Regulations 2013. Our client, the business director was delighted with the outcome of the case and praised Sukhdip Randhawa for his exceptional representation throughout the process.
The outcome was all the more rewarding as our client had been referred to Sukhdip Randhawa by a member of the Birmingham Chinese Society, who was aware of his reputation for resolving difficult circumstances of the nature faced by our client and his company. The case was further complicated by the fact that our client had already received a substantial fine in 2019 for similar offences.
The Investigation
During an inspection of the company’s premises by Environmental Health Officers in July 2023,
it was discovered that:
- food safety was severely compromised by the unsatisfactory condition of the premises generally,
- there was a cockroach infestation within the kitchen area,
- there was evidence of an abundance of flies.
In these circumstances, the Officers issued an immediate Hygiene Emergency Prohibition Notice which resulted in the closure of the business.
The Notice referred to:
- ineffective cleaning leading to the risk of contamination,
- inadequate pest proof controls and pest proofing,
- dirty walls and premises throughout,
- extensive use of dirty and mouldy food utensils,
- presence of old Food Safety and Hygiene packs,
- inadequate food storage and labelling leading to the high risk of food cross contamination.
Further inspections were conducted and, eventually, the premises were allowed to reopen on 7th August 2023 following a Schedule of Completed Works having been provided and it being considered that any imminent risk to health had subsided.
However, the conditions at the premises continued to be categorised as being significantly poor, cockroach activity was still apparent, and it was considered that the risk of food contamination still existed.
In view of the lack of co-operation with the Officers by both the client and his company summonses were issued against both.
How We Assisted Our Client and his Company
The negotiations
Following initial discussions with our client director it became apparent that:
- he had been suffering with a number of medical ailments throughout the period of the investigation,
- these medical problems had prevented him from properly overseeing the running of the business.
- he had essentially stepped back from managing the business and was unlikely to return,
- he accepted that the company was guilty of most of the offences alleged,
- he appreciated that there was every likelihood that a very substantial fine was inevitable given the extent of the current complaints, the previous conviction and the substantial fine of £40,000 which had ben imposed at that time.
Negotiations were conducted with the Prosecution based on:
- the company accepted that it was guilty of most of the offences,
- our client director was no longer involved in the business due to illness; he was no longer working,
- our client director would undertake not to be involved within the food industry for a period of five years, upon the basis that no further action would be taken against him.
Our proposals were accepted by the Prosecution resulting in the discontinuance of the proceedings against our client director enabling him to maintain his ‘good character.’
The Court Hearing and Successful Outcome
Prior to the Hearing, the team at KANGS prepared and presented to the Court a comprehensive bundle of documents on behalf of the company. This was to mitigate the anticipated fine as effectively as possible, together with a Sentencing Note addressing the defence’s views on the appropriate level to be considered when sentencing.
Upon our client company pleading guilty in the manner agreed with the Prosecution, all matters against our client director were formally withdrawn.
Following consideration of all of the material with which they had been presented, the Magistrates fined our clients company the sum of £14,000 together with a victim surcharge and costs.
The fine imposed was very substantially lower than had been feared by our client given that when previously brought before the court in 2019, the fine imposed was £40,000. It was feared that the later offences may result in a penalty reflecting these repeat offences.
As to be expected, our client was extremely appreciative of the guidance he had received, and the substantial level of hard work involved in the preparation of this highly successful conclusion of the court proceedings which he faced.
How Can We Help?
If you or your business is facing investigation or prosecution under the Food Safety and Health & Safety Regulations, it is crucial to have expert legal representation. With a proven history of success in defending clients against such charges, our experienced solicitors are here to guide you through the complexities of the legal process.
Contact us today to schedule a consultation and ensure your rights are fully protected. Let the team at KANGS provide you with the legal support you need to achieve the best possible outcome.
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 live conferencing or telephone.
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