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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 3712
Experience:  Owner at James Bruce Solicitors
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Ive had a email, Food Safety & Hygiene (England) Regulations

Customer Question

hi, ive had a email,
Food Safety & Hygiene (England) Regulations 2013
Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020I write further to recent visits by my Officers concerning your operation as a food business during the Covid pandemic. I note that you registered your food business in November 2020, but we believe that you may have been operating prior to that as an unregistered business. In the circumstances, we wish to conduct an investigation to identify if any legislation may have been breached. To this end, please find attached a series of questions which you are invited to submit answers to.These questions are being issued under the Police and Criminal Evidence Act 1984. I note that you are a company director of two businesses registered with Companies House (numbers 09904871 and 09119801), both of which are registered at SE18 5TF. The interview will be in relation to offences committed by both you as a director and by any company which falls within scope of any statutory definitions. Prior to answering these questions, I must advise you that:You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.Should you not understand the caution, please feel free to contact me so that I can explain what the caution means. I am obliged to point out that you are not under arrest and may obtain legal advice in advance of answering these questions. A copy of the relevant Codes of Practice can be found on the following website:https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practiceI would be grateful if you could provide answers to these questions by way of an email to me by Tuesday 9th March 2021. Should I not hear from you prior to that date, I will assume that you do not wish to supply any answers and our investigation may continue from that point.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: no
JA: What steps have you taken so far?
Customer: nothing just yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just about the questions they asked me
Submitted: 10 days ago.
Category: Law
Customer: replied 10 days ago.
Questions for Mr Lee Vitali (February 2021)
These questions are posed in connection with an investigation into an alleged failure to register a food business on Bowater Road, Woolwich, London SE18 5TF and an alleged contravention of Covid-related business restrictions at the same business on or before 9th January 2021. Please assume that this is the context unless otherwise stated.
Prior to answering these questions, I must advise you that:
You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
1) A food business registration was received in November 2020 by the Royal Borough of Greenwich identifying you as the food business operator of a business called “The Chef House Kitchen”. Can you confirm that you did indeed make this online registration?
2) Are you a director of a limited company in connection with this food business? If so, please could you specify which company or companies.
3) Please can you confirm that you are authorised to speak on behalf of the company or companies identified above.
4) How many employees do you employ (include full and part time) at this food business?
5) How long have you operated from this address?
6) If your answer to the above question identifies a date prior to 1st November 2020, please can you explain why a registration form was not submitted until 14th November 2020 to the Royal Borough of Greenwich?
7) When the first national lockdown was announced in March 2020, what changes did you make to how you ran your business?
8) What sources of information have you been relying on regarding what food businesses can, and cannot, do during the pandemic?
9) Have you ever sought advice from the Council in writing regarding any food safety or Covid-related matters?
10) Were you aware that it was not permissible to have spaces available for customers to sit down within your food business after the national restrictions were announced on 19th December 2020?
11) It is understood that you may have been operating since 20th December 2020 under the definition of a “workplace canteen” given how close your food business is to other places of work, including the Metropolitan Police patrol base on Warspite Road. Is that correct? If not, why?
12) If “yes” above, did this mean that you felt you were able to allow your customers to come into your business to eat and/or drink anything?
13) Were you providing seating of any kind for customer use?
14) How would you describe what happened which led the Council to issue a Prohibition Notice against you concerning evidence that police officers had been witnessed inside your premises either awaiting an order or consuming an order?
15) Do you wish to make any comments in relation to this matter which have not been covered in any of the above questions?
Expert:  james bruce replied 9 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
I have read your above comments and the questions being asked.

how may I assist?

Expert:  james bruce replied 9 days ago.

Unfortunately, without the additional information requested in my first/previous response, I will not be able to give you detailed advice to your question, but I will be able to give you a general answer, which I hope will be of assistance. If you are able to supply the additional information later, please do so and I will then come back to you with a more detailed answer.

The questions being asked by the department are fair and reasonable. They have cautioned you officially which they would have to do. You are under no obligation to give written replies to their questions.

You can say that you will attend a recorded interview if you wish and attend with a duty solicitor, that way the solicitor would speak to then first to find out further information from them.

When a person needs to be interviewed by police in relation to a criminal allegation, they can either be arrested and taken to a custody centre, or the police can invite them into a police station for a voluntary interview.

When a person attends an interview at a police station as a voluntary attender, they are there voluntarily and are free to leave at any time.

Anyone interviewed by police either under arrest or as a voluntary attender, no matter how serious or trivial the allegation, can have and use the services of the duty solicitor. That service is completely free. You can request the duty solicitor, and should inform the police officer who will carry our the interview of your request before you attend, so as to avoid any undue delays at the station.

When you and the solicitor arrive at the police station for the interview, the solicitor will speak with the officer carrying out the investigation, and obtain what is called advance disclosure. That means they will ask the police for details of the allegation and what evidence they have.

Next, the solicitor will speak privately with you and explain what they have been told and then obtain your instructions. The solicitor will then advice you on whether to answer questions in interview, or to submit a pre written statement or whether to go no comment.

Once the interview is over, the officer would normally say that the matter would still need to be investigated further and then a reviewing officer would check through everything. A file could then be sent to the Crown Prosecution Service if the police think there is evidence for a case. The CPS would then make a decision on whether to prosecute or not.

Customer: replied 9 days ago.
Thanks that will do for me for now thank you
Expert:  james bruce replied 9 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.