Owner of Colchester fast food outlet sentenced for breaching hygiene regulations

One of the things inspectors found was raw meat containing pathogenic bacteria contaminating ready-to-eat foods

Author: Lettie BuxtonPublished 13th May 2021

The owner of a Colchester fast food takeaway business has been sentenced, for six breaches of food hygiene regulations.

Farooq Afghani, the food business operator of FA Charcoal Grill in North Station Road, has received a 12-month Community Order with 150 hours unpaid work and been ordered to pay £3,533.52 costs and £85 victim surcharge.

The 39 year-old, of Victor Road, Colchester, faced five charges under the Food Safety and Hygiene (England) Regulations 2013 and one for failing to comply with an Improvement Notice contrary to S33(1)(g) of the Health and Safety at Work Act 1974, when he failed to appear before Southend magistrates on 31 March, 2021.

The hearing had already been delayed because of the coronavirus pandemic

Magistrates found him guilty in his absence and issued an arrest warrant.

He finally appeared before Chelmsford magistrates and was sentenced on Tuesday (11 May).

It comes after an unannounced routine visit to FA Charcoal Grill by Colchester Borough Council Environmental Health officers on 27 March, 2018.

What did inspectors find?

Inspectors found several serious food hygiene and health and safety violations at the takeaway, including examples of poor hygiene and a food safety management system that was not followed or maintained.

There was no hot running water in the premises and no adequate provision for the storage and disposal of rubbish.

Raw meat containing pathogenic bacteria was contaminating ready-to-eat foods, some of which were being sold past their use-by dates, and there was an ineffective and unsuitable ventilation system for cooking with solid fuel.

Magistrates heard that Mr Afghani had subsequently failed to comply with two hygiene improvement notices and one health and safety improvement notice dated 29 March, 2018.

The requirements in the notices had not been implemented within the timeframe and, to-date, remain outstanding.

In mitigation, Mr Afghani said he had failed to attend the hearing in March because he had not read the adjournment notice properly.

Councillor Mike Lilley, Portfolio Holder for Communities, Wellbeing and Public Safety, said:

"All food businesses have a fundamental duty to their customers to ensure the food they sell is properly stored, prepared in hygienic conditions and is safe to eat.

"Whilst most food businesses spend time and money keeping on top of food safety and protecting their staff and customers, there are others that don’t.

"In cases such as this, when a business is not responsibly managed and has been warned about poor hygiene and safety, the council has no alternative but to take action through the courts."

People can check the food hygiene rating of a takeaway, restaurant or other food related business online.

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