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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I am in trouble with the environmental health. I own a café

Resolved Question:

I am in trouble with the environmental health. I own a café and they have taken items as evidence against me ie frozen food past its sell by date!! Will they prosecute me ie I have said that I would not have served it to the public as I don't serve dinners anyway and that I bought the items for my own dinners and by mistake left them in the freezer at my café. all that is completely true by the way. What do I do?:
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Why did you have it, if you did not intend to use it please?

Customer:

There were several items bought by me over time that I bought when I



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Fw: Very Urgent attention of Miss J Browne






Me On Sunday, 13 April 2014, 16:42, kevin davies <[email protected]> wrote: Dear Miss Browne, I refer to your recent visit to my premises at the Lawns Café 55 Collier Row Lane rm53bd and I
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Apr 13 at 4:45 PM







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On Sunday, 13 April 2014, 16:42, kevin davies <[email protected]> wrote:

















Dear Miss Browne,

I refer to your recent visit to my premises at the Lawns Café 55 Collier Row Lane rm53bd and I can assure you that I have thought of nothing else since!!

I am hoping that both yourself and the powers that be can take a view that I have obviously made a few mistakes with not removing the items you took and indeed would definitely assure you that they would not have been served to the public. In the case of the the Bolognese and the Cornish pasty and the pie, these were indeed bought for my own consumption as I do not and have never served them as dinners or lunches here.They were purchased when I have been shopping for the café for myself and put in the freezer for me to take home which I obviously did not do. Indeed the only cooked dinner I do here albeit vey occasionally is a toad in the hole meal. The ham was just left in the fridge again by mistake,and when I bought more ham just put the new ham on top without removing the old one but again I always check that I am serving in date food before I serve it.

I have never been in trouble of any kind with anyone in authority before and I can only apologise for the mistakes as above. As I said at the time of the interview I would be willing to work with anyone or guided by anyone there and sign up for the appropriate food courses so that this never happens again.

I am not asking for forgiveness and have been beating myself up over this so much that my punishment is already being carried out by myself. Can I also add that my wife is also very upset.

I love this job , love meeting people , and would beg you to try and understand that I have thought of nothing else since and have been 'beating myself up' ever since.

I am not looking for you to forget all about this and I obviously realise my errors have consquences but ask you that maybe the punishment could be a little lenient ie not taking me to court using your powers of discretion, but any punishment in terms of the powers you have without prosecution by a court.

I have built up my reputation in my 53 years of life, never been in trouble at all before and I am committed to never making these mistakes ever again by putting the correct procedures in place so they don't and am willing for you to visit as often as you like to check and if any mistake is found again like this then use your full powers to prosecute because I would then truly deserve it.

I hope to hear from you favourably

Many Thanks

Kevin Davies














































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went shopping for the café and they just got hidden in the freezer and I Just forgot to take them home and left them there. Trouble is use by date on them was sept 2013 so they in there for some time . I did write to the environmental health officer

Customer:

just sent you email I sent to the enviionental health offoicer

Alex Watts :

I see.

Alex Watts :

So there was more than one item?

Customer:

yes there was as detailed in the email.

Alex Watts :

And what is your question of me today about this please?

Customer:

basically are they likely to prosecute me in a court?

Alex Watts :

Is it possible - yes

Alex Watts :

This is because there was more than one instance.

Alex Watts :

Clearly there is a public interest issue here

Customer:

or can I request that they give me a formal warning

Alex Watts :

Given that you had left items in store, there is no guarantee that these would not have been served to customers.

Alex Watts :

That is the risk

Alex Watts :

However you could ask for a formal warning or caution and see if the accept

Alex Watts :

Of course they might want to issue proceedings in which case it would be a financial penalty you would be facing

Alex Watts :

But given there was more than 1 item left, I think the more items there are, the more likely they are to prosecute

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest with you

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what would happen ie fine? how much? can I request that if I they do prosecute it be kept out of local papers?

Alex Watts :

You can't keep it out of the papers, prosecutions are public

Customer:

Do I need to get a solicitor and what type?

Alex Watts :

I can't say how much the fine would be as it is a matter for the court.

Alex Watts :

You would need a Regulatory Solicitor if it went to Court

Customer:

?? what is that? someone who can talk in court?

Alex Watts :

Yes they can represent you and mitigate for you

Customer:

what would be the cost??

Alex Watts :

I can't say, probably around £250 - £500

Customer:

where do I get one? In the meantime would it be a good idea if I send another email

Alex Watts :

Don't send another email.

Customer:

saying give me a formal warning?

Alex Watts :

To find a Solicitor please go to:

Alex Watts :

http://solicitors.lawsociety.org.uk/

Alex Watts :

Dont send any more emails.

Alex Watts :

Let your Solicitor do it

Customer:

how do I get them to send me a formal warning?

Alex Watts :

Your Solicitor can invite them to

Customer:

ie if I cant afford a solicitor?

Alex Watts :

You can do it yourself.

Alex Watts :

But if you can't afford a Solicitor you won't be able to afford a fine at Court

Customer:

yes ?? how by sending a letter or email?

Alex Watts :

Letter but title it without prejudice

Customer:

they say they are going to send me a letter , do I send mine now?

Alex Watts :

Yes you can do, or wait until you get theirs

Customer:

but theirs will surely say they are taking me to court etc !! wont it be too late?

Alex Watts :

Not necessarily. It may say we are considering prosecuting you.

Customer:

ok thankyou

Customer:

I have to go , but thanks for your advice

Alex Watts :

Can I clarify anything else?

Customer:

oh one last thing yes. how long will all this take etc?

Alex Watts :

It might take around a month

Customer:

ok thankyou

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


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Customer:

ok no problem and thanks

Alex Watts :

All the best

Alex Watts : Can I clarify anything else for you?
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