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Birmingham City Council prosecutes restaurant and bar for food hygiene breaches (8 February 2016)

Date: 08/02/2016
Duncan Lewis, Personal Injury Solicitors, Birmingham City Council prosecutes restaurant and bar for food hygiene breaches

Birmingham City Council has prosecuted the owners of a popular restaurant for breaches under the Food Safety and Hygiene (England) Regulations 2013.

Birmingham City Council prosecuted Suitable Ventures Limited, which operates The Chameleon restaurant and bar, after environmental health officers who visited the premises several times in December 2014 and January 2015 found evidence of mouse activity throughout the premises.

After the first visit on 11 December 2014, a Hygiene Emergency Prohibition Notice was served on the premises, formally closing it as it was considered there was an imminent risk to public health.

Officers visited The Chameleon twice on 12 December 2014 – and after the second visit, officers found the risk to public health had been removed and the restaurant was allowed to reopen to the public.

However, one month later on 8 January 2015 during a follow-up visit, officers found evidence that mice had returned to the premises, as well as food at risk of contamination.

In addition, inspectors found no evidence of a documented food safety management system, to ensure effective controls were in place for the safe preparation of food.

As a result of the mouse infestation, another Hygiene Emergency Prohibition Notice was served and the premises were formally closed.

Officers returned to the restaurant on 9 and 10 January 2015 – after the second visit, officers were satisfied remedial works had been completed and the imminent risk to public health had been removed, so the business was allowed to re-open on 10 January 2015.

The Chameleon had an existing a pest control contract, but following the incidents, it reviewed that contract and employed a new contractor. The restaurant also now conducts its own in-house checks.

Following a routine, unannounced inspection on 5 March 2015 by environmental health officers, The Chameleon was given Food Hygiene Rating of 4 (out a maximum of 5), which rates the premises as good.

However, at Birmingham Magistrates’ Court on Thursday, 4 February, The Chameleon of 1 Hill Street in Birmingham was ordered to pay a total of £7,174.25 – including a £5,400 fine and £1,774.25 in costs.

Chair of the city council’s Licensing and Public Protection Committee, Councillor Barbara Dring, said:

“Officers inspecting The Chameleon on Hill Street on two separate visits found mouse droppings throughout the premises, as well as dirty conditions in the kitchen and food at risk of contamination.

“The restaurant’s owners managed to rectify the issues identified by our officers, by bringing in pest control and conducting a thorough deep clean of the premises.

“The Chameleon is a very popular destination for diners, who would not expect the cleanliness of the kitchen to be questioned – but this case shows even the most reputable or popular restaurants can have substandard practices.”

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Food poisoning claims have to be made within three years of illness or diagnosis of illness – children can claim food poisoning compensation up to the age of 21.

For expert legal advice on no win no fee food poisoning claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.


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