Delighted Client | Food Safety & Hygiene Triumph
KANGS Solicitors successfully represented a company director facing prosecution under Health and Safety Regulations (Food Safety) after Environmental Health Officers from Birmingham City Council raised compliance concerns, following an investigation of her business premises in April 2023.
Our team was able to demonstrate that our client had minimal culpability, a strategy that ultimately led to a favourable outcome. Sukhdip Randhawa of KANGS outlines the circumstances.
Investigations in Food Safety
It is standard practice for Environmental Health Officers to inspect premises serving food to verify their compliance with health and safety regulations and ensure that proper practices are in place to protect public health.
After the initial investigation, a number of issues were identified relating to:
- the cleanliness and maintenance of the business premises,
- inaccurate provision of information relating to allergens,
- signs of pest activity,
- inadequate handwashing facilities,
- presence of out-of-date foods.
Typically, following an investigation, if issues are found a detailed Schedule of Works is provided, outlining the necessary actions to address the identified issues, including any required remediation works.
Although the Environmental Health Officers initially issued a Schedule of Works to our client, a subsequent inspection discovered that some tasks had not been completed.
In our client’s case, the offences had occurred whilst away from the business due to ill health and since it was a ‘one off’ offence, an out of court settlement would have been appropriate. However, the council decided that, in view of the length of time being taken to remedy the outstanding issues, a prosecution was warranted.
Preparation For Court Hearing
The Prosecution pursued two charges relating to allergen offences.
Given the circumstances, it was clear that Admissions were necessary and ‘Guilty Pleas’ were entered on behalf of our client’s company. This decision was made after careful consideration of the facts and the potential implications for the company, recognising that accepting responsibility was the best course of action in this situation.
It was the Prosecution’s submission to the Court that the offences should be treated as of a Higher Culpability Category 2 offence for a microbusiness which attracted a starting point for conviction of a fine of £12,000 for one offence.
However, in preparation for the court proceedings, the Team at KANGS, had, amongst other things, prepared a comprehensive Sentencing Note submitting that there was only medium culpability falling under Harm Category 3 which provided for a fine with a starting point of £1,400.
The Outcome
The District Judge, having considered all the representations made to him, accepted the submissions prepared by the Team. As a result, the company was fined £800 for each offence, ordered to pay Prosecution costs and a victim surcharge.
Naturally, the client was overjoyed with the outcome and representation provided by Sukhdip saying;
We all appreciated his work and I would recommend him with any assistance within FSA (Food Standards Agency) cases and more.
How Can We Help?
If your company is facing allegations related to food safety and regulatory offences, it is important not to tackle these complex legal matters alone. At KANGS, we bring extensive knowledge and experience in safeguarding businesses' rights and reputations.
Our expert team is here to offer the guidance and support necessary to navigate these challenges effectively. Do not hesitate to reach out to us using the contact 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 live conferencing or telephone.
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