Food safety failings cost Grantham deli £32,000 in court

The owner of a delicatessen and bistro has been ordered to pay more than £32,000 for failing to comply with food hygiene regulations.

Twenty food safety and hygiene-related charges were issued after Environmental Health inspectors from South Kesteven District Council visited Oblio’s Deli & Bistro in Westgate, Grantham.

Steven Thorsen, 72, admitted all charges at Boston Magistrates’ Court.

During the hearing, magistrates saw photo evidence of the inadequate conditions and were told about unsafe food practices.

Across separate inspections in 2022 and 2023, inspectors found whipped and single cream, pastry, cheese and raw meat that were past the use-by date, contravening the Food Safety and Hygiene Regulations 2013.

Fridges in the premises were running at unsafe temperatures above 8°C to prevent the growth of harmful bacteria and toxins. Expired cheese stored in the fridges had also grown mould.

The prosecution highlighted a continued build-up of grease on walls and surfaces due to unsuitable and insufficient ventilation, inadequate provision of hand-washing facilities and the poor condition of floor surfaces.

The court heard how the business was served two improvement notices in October 2022 but failed to resolve them in the time given.

Sally Burke, prosecuting on behalf of SKDC, explained the responsibilities of food business operators and how cleaning and ventilation, regular date code checks and temperature control checks fall within this.

She explained that despite guidance and support provided by the Council’s environmental health team, the defendant was unable to improve the conditions of the premises and practice safe food handling and storage.

The court heard how Mr Thorsen had re-packaged cheese using vacuum packaging, without indicating the contents or the date in which the cheese would no longer be safe to use.

The court also heard how the defendant had struggled with his health and had been let down by tradespeople he had contracted to carry out the improvement work, which has now been completed.

Mr Thorsen was ordered to pay a fine, costs and surcharges totalling £32,312.72. He was fined £25,000 and must also pay the Council’s costs of £5,312.72 with a victim surcharge of £2,000.

Cllr Rhea Rayside, SKDC Cabinet Member for People and Communities, said: “I hope this will send a strong message to all that the safety of our residents and visitors is a key priority.

“I would like to highlight the work of the team for their diligence in achieving this successful prosecution, having provided a significant amount of support to the business for a number of years.

“It is important that the Council takes court action in cases such as this, where the support offered by inspectors hasn’t been taken on board to ensure that food law is followed and that consumers are kept safe.”

More information about the support offered by the Council is available online at www.southkesteven.gov.uk/environmental-health/food-safety-businesses-and-consumers

The charges in full were as follows:

Between the 9th March 2023 and the 20th September 2023 at Grantham you failed to comply with an improvement notice served on 13th October 2022 requiring you to provide suitable and sufficient means of mechanical ventilation to the kitchen, contrary to regulations 6(2) & 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

Between the 9th March 2023 and the 7th June 2023 at Grantham you failed to comply with an improvement notice served on 13th October 2022 requiring you to repair or replace the floor surface in the kitchen so it is in a sound, easy to clean condition, contrary to regulations 6(2) & 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 25th May 2023 at Grantham you failed to comply with Article 4(2) and Annex II Chapter 1 paragraph 4 of Regulation 852/2004 of the Community Regulations in that, being a food business operator you failed to make adequate provision of washbasins as those provided for hand washing were not plumbed in and had no water supply, contrary to regulations 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 25th May 2023 at Grantham you failed to comply with Article 4(2) and Annex II Chapter 1 paragraph 1 of Regulation 852/2004 of the Community Regulations in that, being a food business operator you failed to keep food premises clean and in good repair and condition in that the floors, walls, doors, and fixtures and fittings in the kitchen and serving areas of the premises were not kept in a hygienic state. Contrary to regulations 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 25th May 2023 at Grantham you failed to comply with Article 4(2) and Annex II Chapter 5 paragraph 1 (a) of Regulation 852/2004 of the Community Regulations in that, being a food business operator you failed to ensure that all articles, fittings and equipment with which food comes into contact were effectively cleaned to avoid any risk of contamination in that a fridge freezer,  cooking range, spice rack, deep fat fryer, and food storage tubs were in an unsanitary state. Contrary to regulations 19(1) of the Food Safety and Hygiene (England) Regulations 2013

On the 25th May 2023 at Grantham you failed to comply with Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011in that you did place on the market food namely a large gammon joint which was unsafe in that its “use by” date had expired, contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.

On the 25th May 2023 at Grantham you failed to comply with Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011in that you did place on the market food namely mozzarella cheese which was unsafe in that it had mould upon it and its “use by” date had expired, contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.

On the 25th May 2023 at Grantham you failed to comply with Article 25 of Regulation 1169/2011 of the Community Regulations in that, being a food business operator it failed to enable appropriate storage or use packs of cheese after re-wrapping the cheese, the storage conditions and/or time limit for consumption was not indicated and had no indication of when they were opened and when they would no longer be safe to use one block of which had clearly visible black mould. Contrary to regulations 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 25th May 2023 at Grantham you failed to keep food which are likely to support the growth of micro-organisms and/or toxins at a temperature above 8°C in that sandwich fillings were being stored at an ambient temperature of between 12.8°C and 13.8°C in an under counter fridge, contrary to schedule 4 paragraph 2 and Regulation 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 25th May 2023 at Grantham you failed to keep food which are likely to support the growth of micro-organisms and/or toxins at a temperature above 8°C in that cheeses were being stored at an ambient temperature of 14.1°C in an display counter. Contrary to schedule 4 paragraph 2 and Regulation 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 25th May 2023 at Grantham you failed to comply with Article 5 paragraph 4 of Regulation 852/2004 of the Community Regulations in that, being a food business operator you failed to provide the competent authority with evidence of your compliance with the HACCP principles. Contrary to regulations 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 7th June 2023 at Grantham you failed to comply with Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011in that you did place on the market food namely Shropshire Blue cheese which was unsafe in that it had mould upon it and its “use by” date had expired. Contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.

On the 7th June 2023 at Grantham you failed to comply with Article 25 of Regulation 1169/2011 of the Community Regulations in that, being a food business operator it failed to enable appropriate storage or use packs of cheese after re-wrapping the cheese, the storage conditions and/or time limit for consumption was not indicated and had no indication of when they were opened an when they would no longer be safe to use. Contrary to regulations 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 20th September 2023 at Grantham you failed to comply with Article 4(2) and Annex II   Chapter 1 paragraph 4 of Regulation 852/2004 of the Community Regulations in that, being a food business operator you failed to make adequate provision of washbasins as those provided for hand washing had no hot water supply. Contrary to regulations 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 20th September 2023 at Grantham you failed to comply with Article 4(2) and Annex II   Chapter 5 paragraph 1 (a) of Regulation 852/2004 of the Community Regulations in that, being a food business operator you failed to ensure that all articles, fittings and equipment with which food comes into contact were effectively cleaned to avoid any risk of contamination in that hand contact points such as fridge doors and handles and around the microwaves were dirty and greasy to the touch. Contrary to regulations 19(1) of the Food Safety and Hygiene (England) Regulations 2013.

On the 20th September 2023 at Grantham you failed to comply with Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011in that you did place on the market food namely single cream which was unsafe in that its “use by” date had expired, contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.

On the 20th September 2023 at Grantham you failed to comply with Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011in that you did place on the market food namely whipping cream which was unsafe in that its “use by” date had expired, contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.

On the 20th September 2023 at Grantham you failed to comply with Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011in that you did place on the market food namely 2 x Just Roll Pastry which was unsafe in that its “use by” date had expired. Contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.

On the 20th September 2023 at Grantham you failed to comply with Article 14 of EU Regulation 178/2022 and Article 24 of EU Regulation 1169/2011in that you did place on the market food namely mozzarella cheese which was unsafe in that its “use by” date had expired. Contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.

On the 20th September 2023 at Grantham you failed to comply with Article 25 of EC No 1169/2011 in that you failed where foods require special storage condition and time limits to indicate the same in respect of blocks of vacuum packed mozzarella cheese as to the duration of storage and the required temperature. Contrary to regulation 19 of the Food Safety and Hygiene (England) Regulations 2013.