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Chinese takeaway prosecuted for food safety failings (3 November 2015)

Date: 03/11/2015
Duncan Lewis, Crime Solicitors, Chinese takeaway prosecuted for food safety failings

A Chinese takeaway in Stansted, Essex has been fined nearly £3,000 after failing to meet food safety hygiene standards.

Despite a number of inspections and ongoing offers of support by Uttlesford District Council's environmental health officers, Lams Chinese Takeaway in Station Road, Stansted continually failed to make improvements.

The takeaway scored low marks in the Food Hygiene Rating System (FHRS) – a national scheme developed by the Food Standards Agency, which provides information on food hygiene standards to help people to choose where to eat out or shop for food.

Ratings are awarded from a minimum of 0 up to a maximum of 5, with a 0 signifying that urgent improvement is necessary.

Environmental health officers spent a considerable amount of time at Lams Chinese Takeaway, advising the owner of the improvements required.

However, since 2012 the business never managed to achieve an FHRS rating greater than 2 (improvement necessary) – and is currently rated as 1 (major improvement necessary).

At Chelmsford Magistrates’ Court, Lams Takeaway owner, Wei Chen, pleaded guilty to four charges of breaching the Food Safety and Hygiene (England) Regulation 2013 and the Food Safety Act 1990.

In addition to a £1,000 fine, Mr Chen was ordered to pay a victim surcharge of £100, council costs of £1609.45 and a court charge of £180.

After the hearing, Uttlesford Council Cabinet Member for Environmental Services, Councillor Susan Barker, said:

“When we go out for any meal or order a takeaway, we should be confident that the food we purchase is prepared under hygienic conditions – unfortunately Lams Takeaway in Stansted fell short.

“Having to bring cases such as this to court is generally as a last resort – but Uttlesford residents can feel reassured our environmental health officers regularly inspect local food businesses to check the standards of food preparation and cleanliness do not cause any health risks.

“If significant food safety issues continue to be identified during future inspections, the Council will consider further prosecution and – if convicted – may consider making an application to the court for the owner to be prohibited from managing any food business in the future.”

The council is currently running a 12-month campaign to drive up food safety and hygiene standards across the area – and is calling on consumers to check the Food Safety Ratings of shops, restaurants and takeaways.

The 0-2 Project aims to bring all food business outlets up to a minimum rating of 3 (generally satisfactory), said the council.

Duncan Lewis Crime Lawyers

Duncan Lewis crime lawyers can advise at any stage of a charge or investigation into food safety issues – including before charges are brought or when an investigation into food safety is launched.

There are Duncan Lewis offices nationwide and Duncan Lewis can also advise on mislabelling of food, issues relating to weights and measures, licensing and illegal or counterfeit food items.

For expert legal advice on food safety offences, call Duncan Lewis crime lawyers on 0333 772 0409.


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