1.0

Policy

It is this Council's policy to strive to ensure that food and drink intended for sale for human consumption, which is produced, stored, distributed, handled or consumed within this district is without risk to the health or safety of the consumer.

1.1

The policy will be reviewed periodically and amended in the light of operational experience, and the advancement of technical knowledge and the guidance contained in Statutory Codes of Practice issued under Section 40 of the Food Safety Act 1990.

1.2

Enforcement action will be taken by way of verbal warnings, written warnings, issued of statutory notices or prosecution, formal cautions based upon an assessment of the risk to public health.

1.3

In order to decide the course of action which should be taken, authorised officers should have due regard to the specific guidance contained in the statutory Codes of Practice issued under Section 40 of the Food Safety Act 1990.

1.4

Authorised officers making enforcement decisions should abide by the policy. Departures from the policy should be fully considered by the Environmental Health Manager before the decision is taken.

1.5

Authorised officers will be fully briefed regarding the policy and revision will be brought to their attention.

2.0

Decision Making – Authorisations

2.1

The decision as to whether there is satisfactory sufficient evidence to sustain a prosecution must be taken by the Environmental Health Manager and the Council's Solicitor.

2.2

Officers may only take action when specifically authorised by the Council and that authority is derived from the Food Safety Act 1990 and sub-ordinate regulations, and the statutory Code of Practice.

2.3

Prosecutions may only be taken when approved by the Scheme of Delegation to Officers, or the appropriate committee of the Council.

3.0

Enforcement Options

3.1

It is considered essential that a consistent approach should be used when making decisions regarding food safety enforcement action, including prosecution. Guidance in statutory Codes of Practice and LACOTS circular should be considered and followed where appropriate.

3.2

Enforcement decisions should be consistent, transparent, balanced, fair and relate to common standards that ensure that the public is adequately protected. The seriousness of the offence, the past history, confidence in management, the consequence of non-compliance and the likely effectiveness of the various enforcement options.

3.3

The choices for action are:

• To take no action
• To take informal action
• To use statutory notices
• To issue formal cautions
• To prosecute

3.4

If enforcement action is inconsistent with that adopted by other authorities or contrary to LACOTS advice, then it will be discussed with members of the Shropshire Food Liaison Group. If a consensus group view cannot be obtained then LACOTS will be consulted through its National Food Safety Panel.

3.5

When Shrewsbury and Atcham Borough Council is considering taking enforcement action which is contrary to the home authority policy, it will discuss it with the relevant authority.

4.0

Informal Action

4.1

Informal action includes advice, verbal warnings, letters and food hygiene reports.

4.2

Informal action could be taken in the following circumstances:

• The act or omission is not serious
• Information action will achieve compliance, based on past history
• High level of confidence in management
• The consequences of non-compliance will not pose a significant risk to public health
• In the case of voluntary organisations using volunteers a "lighter touch" approach should be considered, in consultation with the Environmental Health Manager.

4.3

An inspection report will be issued following all programmed inspections in the form as Appendix 1.

4.4

Written documentation sent to proprietors will:

• Give necessary information so as to understand what work is required
• Clearly indicate recommendations of good hygiene practice and indicate that they are not a legal requirement

4.5

Recommendations and legal requirements should be clearly differentiated in all enforcement action, even if only giving verbal advice.

5.0

Statutory Notices

5.1

Improvement Notices should be issued:

(a) where formal action is proportionate to the risk to public health;

(b) where there is a documented history of non-compliance with food safety legislation;

(c) where an informal approach has been tried but has not been successful, or the

authorised officer has reason to believe that such an approach would not succeed;

(d) in the case of new businesses or new requirements, where the authorised officer assesses that the proprietor is unwilling to comply or is unlikely to do so, for whatever reason;

(e) where there is a breakdown in procedural controls, including hygiene practices falling within that category, which are critical for food safety or, where no such controls exist.

5.2

Improvement Notices should generally, not be served for minor technical contraventions.

5.3

Improvement Notices will only be issued by those Officers who have been authorised by the Council.

5.4

Authorised Officers issuing Improvement Notices must have personally witnessed the contravention.

5.5

Authorised Officers will follow the guidance contained in the Statutory Codes of Practice issued under Section 40 of the Food Safety Act 1990.

5.6

Authorised Officers will place realistic time limits on Notices after discussion with the proprietor of the food business.

5.7

Improvement Notices will only be served when there is sufficient evidence to justify their issue. Non compliance will generally result in Court proceedings.

Emergency Prohibition Notices (EPN)

5.8

Emergency Prohibitions Notices will be served in the following circumstances:

• Immediate and decisive action is required to protect public health
• When an imminent risk to health can be demonstrated
• Where the conditions specified in the relevant Code of Practice issued under Section 40 of the Food Safety Act 1990, are fulfilled
• Where there is no confidence in the integrity of an offer made to voluntarily close premises by the proprietor of the food business.

5.9

Emergency Prohibition Notices will only be served by Authorised Officers.

5.10

In cases involving chemical contamination, medical advice and expert advice should be sought before EPN's are served.

5.11

When an EPN has been issued an application should be made, in consultation with the Council's Solicitor, to the Magistrates' Court within 3 days.

5.12

Where Prohibition Notices, Improvement Notices or Emergency Prohibition Notices have been served, then the home authority should be advised of the outcome.

6.0

Prosecutions

6.1

The recommendation to Committee that prosecution is the best course of action will only be made after consultation with the Environmental Health Manager and after giving consideration to the following:-

• the risk or harm to public health
• identifiable victims
• failure to comply with Statutory Notice served for a significant breach of legislation

• offences following a history of similar offences
• failure to respond positively to past warnings
• failure to comply with Statutory Notices

(c) the likelihood of the defendant being able to establish a "due diligence defence"

(d) the ability of any important witnesses and their willingness to co-operate.

(e) the willingness of the party to prevent a recurrence of the problem.

(f) the probable public benefit of a prosecution and the importance of the case - eg whether it might establish a legal precedent.

(g) whether other action, such as issuing a formal caution, or an Improvement Notice or a Prohibition Notice would be more appropriate or effective.

(h) any explanation offered by the company or the suspected offender.

6.2

When the Council's Solicitor is satisfied with the evidence, authority to prosecute should be sought from the Policy Committee or the relevant committee of the Council.

7.0

Formal Cautions

7.1

Consideration will be given in respect of issuing formal cautions after considering Home Office Circular 59/1990 which states that the purpose of the formal caution is:

• to deal quickly and simply with less serious offences;
• to divert less serious offences away from the Courts;
• to reduce the chances of repeat offences

7.2

The following conditions must be fulfilled:

• the evidence should be sufficient to give a realistic prospect of conviction
• the suspected offender must admit the offence
• the suspected offender must understand the significance of the formal caution and give an informed consent to being cautioned.

7.3

Cautions should not be issued where there is insufficient evidence to consider taking a prosecution. There is no legal obligation for any person to accept a formal caution and no pressure should be applied to the person to accept a caution.

7.4

Formal Cautions should be given by two authorised officers.

7.5

When a formal caution is declined then alternative action should be considered. Prosecution is not inevitable, it may be felt that a written warning would be appropriate.

7.6

Home Authorities should be advised when a formal caution is issued.