Joyful Client | Food Safety Prosecution Avoided
KANGS Solicitors has recently successfully concluded a matter on behalf of a client and her company, a food operator, both facing potential prosecution for breaches of Food Safety and Hygiene Regulations, following an inspection carried out by Birmingham City Council at the company’s trading premises in January 2023.
Sukhdip Randhawa of KANGS Solicitors outlines the circumstances.
The Circumstances
An Inspection by Officers of Birmingham City Council of the business premises operated by our client’s company, revealed unsatisfactory conditions leading to the service of a Hygiene Emergency Prohibition Notice.
The breaches identified were:
- inadequate procedures in place to control pests,
- live cockroaches were found in the kitchen and storage area,
- unclean premises including a large amount of food debris, grease and dirty containers,
- food which was not protected against likely contamination.
The Environmental Health Officers, closed the premises, served a Schedule of Works to be carried out to remove the imminent risk of injury to health and requested observations and representations upon the findings of the inspection, upon receipt of which, the matter was to be referred to the Legal Department for consideration of prosecution.
How We Assisted Our Client
We immediately became aware that our client was in the process of selling the business and that the prospective buyers had requested a period of time for them to run the business prior to completion of their purchase.
The offences complained of had occurred during the transitory period, even though the business had previously enjoyed good food safety ratings.
Given this background the Team at KANGS:
- Attended upon our client and obtained a full and detailed explanation of the history of the operation of the business and the circumstances leading to the unsatisfactory inspection.
- Discussed the potential liability faced by our client and the business and advised that there were no available defences upon which she could rely in the event that Prosecution Proceedings were commenced.
- However, given the circumstances, we outlined considerable mitigation that appeared to be available in order to seek the most favourable outcome available and avoid court proceedings.
- Our Team prepared detailed Representations setting out our client’s position in detail which was accompanied by numerous enclosures supporting them.
The Successful Outcome
Having considered the comprehensive Representations and documents submitted by the Team at KANGS, the Council accepted them the matter was finalised by way of a simple Caution being administered against the business.
Our client was overwhelmed with joy and relieved that neither she nor her business would be subjected to the worry, stress and cost of court proceedings.
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.
As will be seen from the above, it is not always the case that court proceedings are inevitable and the Team at KANGS is accustomed to presenting to prosecuting bodies of every nature the circumstances leading to our client’s predicament and negotiating a satisfactory resolution to all parties.
If you require assistance and robust advice, please do not hesitate to contact our Team who will be delighted to assist you.
Please feel free to contact us by:
Telephone: 0333 370 4333
Email: info@kangssolicitors.co.uk
