Prosecution highlights stark lesson for food operators
A Greasby takeaway and its proprietor have been ordered to pay more than £8,000 after pleading guilty to eight food safety offences at a hearing at Liverpool Magistrates Court yesterday (November 21st).
During a test purchasing operation by Trading Standards officers from Wirral Council, Spicy Kitchen NW Ltd, which is located on Greasby Road, Greasby and run by Mr Babul Khan, was found to have served a Vegetable Korma meal containing peanuts to a customer who had requested a meal without peanuts due to an allergy.
The test purchasing operation was carried out in response to a complaint from a member of the public who had become ill after ordering the same meal from the takeaway 10 days earlier.
The complainant had specifically requested – and explained to the operator the health reasons why – the meal should not contain any trace of peanut and she received an assurance from the server that her meal did not contain nuts.
However, as she started to eat the food she suffered an allergic reaction with her gums and lips swelling up, followed by her throat and tongue with her face and neck also flushing dark red.
Recognising the signs of an allergic reaction, she took anti-histamines with water and rinsed out her mouth in an effort to combat the reaction. However, she began to vomit as her body rejected the food and continued to dry retch for a further hour whilst suffering full body sweats, stomach cramps and nausea. The symptoms continued into the early hours of the following morning.
With the takeaway continuing to insist that the meal did not contain nuts – and with no acknowledgement or apology offered to the complainant – she then reported the incident to Trading Standards and officers, working alongside colleagues from Environmental Health, launched a full investigation.
At a hearing at Liverpool Magistrates Court on November 21st 2024, Mr Khan as Director and on behalf of the company pleaded guilty to eight charges under food safety legislation. Fines, costs and a victim surcharge were imposed by the court totalling £8,075.
The judge stressed that the identification of allergens is a serious matter - not just red tape or bureaucracy – and is potentially a matter of life and death. She added, if a member of the public is told they are receiving an allergen free meal they should be able to rely on that promise.
The complainant had a very unpleasant reaction, but if it wasn’t for her quick actions and medication the outcome could have been so much worse.
This is a really stark lesson for anyone in Wirral who is responsible for serving food to customers – this is not a trivial matter. The advice is clear, you have a choice to accept an order or not, but if you cannot guarantee you can provide an allergen-free meal when it is requested, tell the customer that; do not serve it anyway and risk causing them severe health issues, or worse-case scenario, potentially death.
Maintaining the highest possible food standards across the sector in Wirral is a priority for the council. Any businesses that require advice or clarification in respect of their legal obligations should contract Trading Standards.
