Date: 09/04/2008
The owners of a Glossop delicatessen have been banned from managing any food business.
On April 3, 2008, Derby Crown Court prohibited Neil and Linda Dainty, owners of the Dainty Deli, 31 High Street West, Glossop, from participating in the management of any food business, after being convicted of 24 food hygiene offences relating to four separate premises.
Full sentencing and a decision on the level of any fine the couple may have to pay will be decided at a later hearing.
The offences relate to the Dainty Deli, in addition to three other shops that the Daintys have recently sold. They included a lack of adequate cleaning at the premises being in place, to prevent a risk to food safety and a lack of the control of pests, which could affect the safety of food.
In November 2006 and August 2007, Environmental Health officers visited three premises operating under the trading name Hadfield Bakey -- all are now under different ownership and in no way connected to Neil and Linda Dainty -- and found them lacking adequate cleaning, and infestations by pests, which could harm food safety.
Officers also visited the Dainty Deli in August, September and November 2007, and again found a lack of adequate cleaning and infestation by pests.
During the Crown Court hearing, Judge Andrew Hamilton said: "Nobody would have bought food from these premises if they could see these photographs. It is disgusting, thoroughly disgusting."
In his judgement, he said that following these visits to the Daintys' premises, and "effectively while on bail" for offences that the Council was investigating, Environmental Health officers again "found the premises in a filthy condition."
Judge Hamilton added: "It seems to me that both persons show a complete lack of ability to run a food premises at all. It is an extremely serious offence and I have no confidence that they are likely to comply with the relevant legislation."
He commended the Environmental Health officers involved in this case and appreciated the difficult nature of the jobs they had to carry out, commenting that the evidence had been prepared well. He said: "They need to inspect hundreds of businesses and carry out very valuable work on the public's behalf, often without the thanks they deserve."
A Prohibition Order was served against Neil and Linda Dainty, prohibiting them from participating in the management of any food business until further order.
After the case, John Haken, High Peak Borough Council's Executive Councillor for the Environment, said: "This was a very serious case and one that could have been prevented if the defendants had implemented the measures recommended by our Environmental Health officers. Here at High Peak Borough Council, we will not hesitate to prosecute any business or individual that fails to comply with strict health and safety legislation in the provision of food, in order to ensure the well-being of our local residents.
"I would like to add that the businesses, currently trading as Hadfield Bakery, in the Glossop Area, are no longer in any way connected to Neil and Linda Dainty and, since their re-opening under new ownership, Environmental Health officers are pleased to report that the required standards of food hygiene and safety are now being met."
The prosecution of this case was for offences committed under the Food Hygiene (England) Regulations 2006. Prohibition orders of this nature are rare and, in this case, it prevents a person from participating in the management of any food business, or a type of business. The order was made under the provisions of Regulation 7(4) of the Food Hygiene (England) Regulations 2006. Prohibited persons can apply to a court to have the order lifted, with certain conditions that are laid down in the regulations.