Restaurant owner fined for 'sewage smell' hygiene breaches after 200 fall ill from catered event

THE owner of a London Road curry house has been hit with a £6,000 fine after a food poisoning outbreak which led to more than 200 people being taken ill.

Sivapathasundaram Premanathan, director of VP & Sons, which owns Spiceland in Broad Green, pleaded guilty to 20 food hygiene offences at Croydon Magistrates' Court on December 12 and was hit with a £6,000 fine.

Environmental health officers at Croydon Council were alerted by the organiser of a coming-of-age party in December 2014, which was catered by the restaurant, after which more than 200 guests fell ill.

They discovered the food for the party had been produced and delivered from Spiceland, which had failed a food hygiene rating a month earlier.

When the inspectors returned a few days after the party, they found "very dirty" conditions in the kitchens; the washing up sink smelled of sewage, the walk-in chiller was dirty with food spillages and debris, raw meat and chicken was stored directly above ready-to-eat food and the hand wash basin could not be used because it was cluttered with dirty cloths and utensils.

They also found staff were ignorant of basic food safety practices and were seen handling food without washing their hands.

Officers returned the next day, after Premanathan agreed to make sure staff washed their hands and cleaned the kitchen, as well as carry out repairs.

After several further inspections, officers returned in January 2015. They found some effort had been made to repair and clean the kitchen, but the business still fell short, with an "inadequate" food safety management system, "unsatisfactory" cleaning and unfinished repairs.

The council brought 10 food hygiene charges against Premanathan and a further 10 charges against VP & Sons.

He was fined £300 for each of the 20 counts and was ordered to pay £1,880 costs and a £120 victim surcharge.

Mark Watson, the council's cabinet member for safety and justice, said food producers have a "duty of care" to make sure their produce and methods are clean and safe.

"This restaurateur, despite a number of warnings from our food safety officers, failed to ensure that right and proper hygiene standards were in place, and that his staff were aware of their obligations; now he's paid the price in the eyes of the law."

source:www.croydonadvertiser.co.uk/

Indefinite ban for Ilford caterers who gave 32 people food poisoning in Chigwell

A catering couple found guilty of giving 32 people food poisoning at a community event have been banned from running a food business indefinitely. 

Kamran Memon, 44, and his wife Farhana, 49, owners of Plaistow restaurant Karachi Karahi in Barking Road, were also ordered to carry out 150 hours of community service following trial at Snaresbrook Crown Court. The pair, of Windermere Gardens, Ilford, were found guilty of supplying unsafe food – thought to be the popular Indian dish chicken biryani – when catering for a Sindhi Association of Europe (SAE) event in Chigwell, Essex, in August 2013.

Four days later the SAE reported the poisonings to Newham Council who carried out an inspection and banned the restaurant’s owners from providing outside catering. But it wasn’t the first time they had been on the council’s radar. After an inspection in November 2012 the restaurant closed voluntarily for a deep clean. Again in July 2013 it was served with hygiene improvement notices.

A fire in April of last year saw the restaurant close down. At Snaresbrook Crown Court on Friday, Judge Alastair Hammerton said: “You deliberately closed your eyes to the risks by poor food management and went on regardless. “Your failure to comply with the hygiene improvement notices amounted to recklessness. Had you complied I’m satisfied that the risks posed by serving inadequately warmed food would have been all but eliminated.”

Judge Hammerton also ruled the death of a 39-year-old woman who had eaten at the event was not caused by the couple’s food.

A photo taken by Newham Council health inspectors in July 2014 found the Memons' kitchen hygiene to be inadequate. Picture: Newham Council

After considering the analysis of experts, he said there was not sufficient evidence to prove her death came as a result of food poisoning. “At the end of the day the lack of microbiological evidence means that I can’t be certain,” he said. “That the experts can’t produce an alternative explanation is not enough. I’m therefore not convinced that the necessary causal link is made out.”

In response to the sentencing, Cllr Ian Corbett, mayoral advisor for environment and leisure, said the judge had been “too lenient”. He said: “[The restaurant] repeatedly ignored the warnings to clean up their act from our officers and showed no regard for the safety of their customers.

“At the very least they should have received a substantial fine, or even time behind bars, for the reckless behaviour they have shown. Community service is little penance.”

The couple was also ordered to pay £25,000 in court costs.

Source:www.ilfordrecorder.co.uk/

Mum awarded £250,000 in damages after suffering food poisoning and lifelong IBS from chicken liver salad

A MUM of two was awarded more than £250,000 damages yesterday after a chicken liver salad gave her food poisoning and left her suffering from irritable bowel syndrome.

Tracey Rae, 44, told a court she is still suffering pain and bowel problems seven years on from having the starter while dining out in Edinburgh.

She caught Campylobacter infection from eating undercooked chicken liver in a salad at Scotch Malt Whisky Society’s restaurant in Leith in 2009.

Tracey, of Falkirk, told a civil jury at the Court of Session that the morning after the meal she had stomach cramps and felt sick. She had diarrhoea and began to pass blood.

Six months later, the literacy tutor was diagnosed with post-infection IBS.

Tracey now has to follow a gluten-free and dairy-free diet. She added: “I can’t have any alcohol and I can’t have any caffeine.

“I am far more anxious than I was before. The children probably missed out on quite a lot.”

She sued James Freeman, trading as Saffron Private Catering based in Berwick-upon-Tweed, who was in charge of catering at the restaurant at the time.

Liability was admitted and after a week of evidence, jurors awarded her £263,000, including £175,000 for future loss of earnings, £50,000 for pain and suffering and £30,000 towards the cost of following her restricted diet.

Tracey had gone to the restaurant with her husband and two other couples and said they enjoyed “a nice meal”.

She woke up the next morning feeling ill and the effects still plague her life.

Tracey told the court that prior to giving evidence she had eaten a banana the previous morning and had nothing else apart from medication and water.

Her junior counsel Dana Forbes told jurors: “Chicken liver carries a particularly high risk of this type of bacteria, although it can be easily killed by proper cooking.”

The court heard how Tracey is likely to suffer IBS for the rest of her life.

Forbes added: “She now has intolerance to certain foods and has to follow a restricted diet.

“There is no treatment for her condition. All she can do is to try and minimise her symptoms.

“At home, she has to make one meal for herself and a separate meal for her family.”

She said Tracey had worked part-time as an adult literacy tutor and planned to work full-time when her younger daughter started secondary school.

However, she has been unable to do so because of the effect of her symptoms.

The court also heard that following a restricted diet cost considerably more.

Tracey used to enjoy eating out but now found it “complicated and stressful” and she was no longer able to go on camping holidays with her family.

Source:http://www.dailyrecord.co.uk

Good Food Good Business: Starting and running a successful catering business.

The latest publication from Number 1 bestselling writer, Culina Salus is Good Food Good Business: Starting and running a successful catering business. This full colour training manual will provide advice and guidance,if you are starting out or already running a catering business. This book,based on SFBB & HACCP will help you comply with food hygiene regulations by showing you how to make food safely and run all aspects of your business. 
Chapters include: 
1 Starting and running a food business 
2 Starting a food business from home 
3 Food law inspections and your business 
4 Immigration law and your staff 
5 Good food Good business for caterers 
6 Recommended training for food handlers 
7 Food labelling and packaging 
8 Employing staff for the first time 
9 Food safety for residential care homes 
10 Food safety for childminders 
11 Asian and Oriental cuisines 
12 Starting a street food business 
Also includes numerous true life examples. 
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This book is published to accompany the Kitchen Safety Record 1 year diary(week to view diary) and the Kitchen Safety Record 2016 Yearbook (page to a day diary) to complete your food safety management system. 
Recommended for ALL kitchens to comply with food hygiene regulations including Hotels,Restaurants, Schools, Colleges, Hospitals,Canteens,Nursing homes,Takeaways,Cafes,Mobile catering vans,Home caterers,Church and Community halls,wherever food is prepared for members of the public. 
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Massive fines and prison sentences come into force for food business operators on february 1st 2016.

Tough new food safety sentencing guidelines will come into force on February 1st 2016

Massive fines and prison sentences for food business operators. Tougher punishments are coming into force on February 1st 2016, which will carry substantial fines for businesses and custodial sentences for individuals who are convicted of breaking food safety regulations.

What is happening-The most striking change in health and safety enforcement since 1974,is set to revolutionise and dramatically increase punishment for food safety and hygiene offences. These new sentencing guidelines could possibly send you to prison and end your business due to a massive fine now based on your turnover.

Why is it happening- Up to now,there has been a lack of consistency in sentencing food safety offenders. In addition, there was concern that fines,failed to reflect the seriousness of the harm caused and/or the culpability of the offender. The new guidelines provide a much more detailed calculation mechanism to determine the amount of fines and prison sentences.

They will mean significantly higher fines for companies found guilty of food safety and food hygiene offences for cases sentenced on or after 1 February 2016.

The new guidelines will use the turnover of the offender to identify the starting point of the fine. The offences can range from low to very high, low indicating that the failings were minor and occurred as an isolated incident, to very high which indicates a deliberate breach of/or flagrant disregard for food safety law.

Food safety offences may include issues such as :

• Poor kitchen hygiene practices
• Selling unsafe food
• Not applying HACCP to your business
• Causing an outbreak of e.coli food poisoning
• Incorrect labelling and advertising of food
• Inadequate paper trail, traceability and records
• Not following food allergy laws in your business.

The aggravating factor will increase the seriousness of the offence and increase the level of fine and length of custodial sentence.

The fines and custodial sentences for organisations and individuals for breaching the food safety and food hygiene regulations- The court is required  to focus on the organisation's annual turnover to reach a starting point for a fine, offenders will be expected to provide comprehensive accounts for the last 3 years. Where such information is not provided, the court may infer that the offender can pay any fine imposed.

Depending on the severity of the offence and the size of turnover of the company,fines can range from £200 to £3 million. For small companies whose turnover is not more that £2 million,the fine ranges from £200 to £120,000. The fine bands start at 25% of weekly income,rising to a maximum of 700%.

Aggravating factors such as poor food safety, poor hygiene can increase the level of the fine. The profitability of an operation will be relevant, if it has a large profit margin,the fine may be adjusted upward.

The fine will be sufficiently substantial to have a real economic impact which will bring home to both management and shareholders the need to operate within food safety regulation.

Custodial sentences and community orders: depending on the severity of the offence and harm caused, the sentences for individuals can range from a conditional discharge to 18 months custody. Community orders which are also part of the punishment,can range from 40 to 300 hours of unpaid work.

‘New guidelines will greatly increase fines across the board…..  More worryingly,many more directors,managers and junior employees will be handed custodial sentences due to a significantly lower threshold for imprisonment.’- Dr Simon Joyston-Bechal is a director at Turnstone Law. He is widely regarded as one of the UK’s leading health and safety lawyers.

What you need to do: It is absolutely necessary that business owners,supervisors and managers ensure their staff have competent food safety training and should install  adequate safety management systems and procedures.

• Make sure your food safety procedures are up to date -use Good Food,Good Business,starting and running a successful catering business
• All risk assessments must be  completed and control measures implemented- use Kitchen Safety Record 2016 Yearbook or 1 Year diary
• Ensure your documented policies and procedures in place- use Kitchen Safety Record 2016 Yearbook or 1 Year diary

• Ensure employees are given adequate food safety training-use Good Food,Good Business,starting and running a successful catering business

• Make sure you have adequate measures in place to record and review the efficiency of your current food safety management systems.- use Good Food,Good Business,starting and running a successful catering business and the diaries

Protect yourself by investing in training for yourself and your staff, Use our Best selling Food Safety management books which are top ten best sellers on Amazon, to train your staff properly and keep legally compliant records

Get your training manual and record book here,from ebay,put it to practise immediately,and not when things inevitably go wrong, you will face a fine based on your turnover and possibly a custodial sentence.

Customer reviews for Culina Salus

Amazing, 13 Jan. 2016,Best book out there, as a caterer for 18 years I would highly recommend this book thank you-Pauline

Brilliant, 14 Dec. 2015,Brilliant saves alot of time and paperwork.-Lisa Cox

Amazon Bestsellers Rank: #7 in Books > Food & Drink > Reference & Gastronomy > Encyclopaedias & Dictionaries

More information here from the Sentencing Council.