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Lionel Fynn Partner |
Philip Day Partner |
Jon Payne Solicitor, Barrister |
Sandra Graham Consultant solicitor |
Food Inspectors have powers to undertake a number of different enforcement actions
Informal warnings are commonly used to draw attention to minor matters that require attention but which in themselves would not warrant further action. Sometimes verbal warnings may be followed with a letter or be incorporated within an inspection report. If you are asked to attend to matters in this way, then compliance is voluntary but if you are breaking the law you should be aware that a prosecution could result if the matters are serious enough.
Statutory notices are one step on from an informal warning and failing to comply with a notice is an offence. The only way that compliance is not mandatory is if the notice is appealed and the court decides to quash (cancel) it or change its requirements.
If the officer thinks that a prosecution is warranted but feels that the matter can be dealt with without going to court, a formal caution (now called a 'simple caution') may be offered. In order to do this, you must be willing to accept that you are guilty of the offence that you are charged with. These cautions are essentially the same as a successful prosecution except that there is no penalty. They can, however, be referred to if a prosecution is taken against you subsequently. Whilst it is not a requirement, we recommend that you have legal representation if a caution is to be given, so that the correct procedures are followed.
Prosecutions are probably the ultimate sanction and even if you are found not guilty, press coverage can do considerable damage to your business. Courts can impose significant fines and in some cases can make compensation orders.
email :karen @hlf-law.co.uk
Tel : 0800 043 0538
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