WDC logo Published: Thursday, 21st August 2014

Food business operator trading as Kayal pleaded guilty to 11 offences

On 22nd July 2014 at Nuneaton Magistrates’ Court, Vantom LS Ltd, the food business operator trading as Kayal, 42 Regent Street, Leamington Spa, CV32 5EG pleaded guilty to 11 offences under the Food Hygiene (England) Regulations 2009 and the General Food Regulations 2004.

Proceedings were brought by the Council for offences committed on 20th June 2013 relating to the sale of unfit food, failure to implement a suitable food safety management system, the premises being dirty, articles, fittings and equipment being dirty, poor repair of equipment, failure to protect food from the risk of contamination, failure to prevent wrapping materials from being a source of contamination, failure by food handlers to wear clean protective over clothing, failure to maintain good hygiene practices regarding pest control, failure to ensure that the layout and design permitted good food hygiene practices and failure to maintain adequate traceability for foodstuffs.

For the purposes of sentencing, the bench took into consideration a further 7 offences, relating to similar conditions found at the restaurant on 28th March 2014, as the Company had been sold and no longer had an interest in the business.

The Chairman of the bench said that "In arriving at the due level of fine, the maximum fine must be imposed in respect of the offence of food not fit for human consumption and impose the full amount of £20,000. As regards the other 10 charges, we have arrived at the fine of £1300 each, making a total of £33,000. We have given full credit to the company for guilty pleas which reduces the fine to £22,000 and full costs of £1020." The Court also included a victim surcharge.  

Councillor Michael Coker – Portfolio Holder for Health & Community Protection said "There is a range of enforcement options open to authorities in securing food safety in the district. Officers work with businesses to give advice and guidance, and the Food Hygiene Rating scheme is used as a way in which food businesses can work to improve their food safety practices, working with Council Officers. However, when there are repeated and/or significant failings, as in this case, the Council will seek to prosecute. This not only penalises bad practice but demonstrates to those operating to good standards, that there is a level playing field."

Kayal is now under new ownership.

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