Tougher Enforcement…

Recent statistics from Nottingham City Council received by the Nottingham Post have revealed that enforcement action against food business operators in the city reached 19 cases in the year 2016/2017.

This bears resemblance to our experience nationally, in that local authorities are increasingly opting for the enforcement action route in these types of circumstances.

The increase of enforcement action comes at a time which correlates with the implementation of the updated Sentencing Guidelines  issued in February 2016, which have severely increased the financial penalties given by the Courts for these types of cases.

Compliance with food safety laws should be taken seriously by food business operators, not only for the health of their customers, but also because the consequences of being non-compliant are now far greater than ever before.
A breach of the Food Safety and Hygiene Regulations  would have historically had a maximum sentence of £5000, no matter how large the company. This has increased to hundreds of thousands of pounds for the same offence, depending upon the turnover of the company. The risks therefore have heightened and food business operators need to be alert to this, and take appropriate preventative measures.

Food business operators need to ensure that employees are made aware of the risks of non-compliance. Relevant training should be provided to employees, and food business operators should ensure that their company policies are up to date and provide details of the relevant procedures to follow. The implementation of these policies should be monitored and audited to ensure compliance is upheld. A policy is only as good as its implementation!
Enforcement of these types of offences often takes place very quickly, as Inspectors have the power to immediately shut down operations if this is deemed necessary. Operators should seek legal advice as soon as

http://www.nottinghampost.com/whats-on/food-drink/19-nottingham-food-businesses-council-275582
https://www.sentencingcouncil.org.uk/wp-content/uploads/HS-offences-definitive-guideline-FINAL-web.pdf
The Food Safety and Hygiene (England) Regulations 2012, Section 19

For further information on this issue or any other legal licensing problems contact associate Hannah Price on 0115 953 8500.