The Defendant company pleaded guilty to six charges of burning specified vegetation without a licence issued under The Heather and Grass etc Burning (England) Regulations 2021. The burning took place on the Dark Peak Site of Special Scientific Interest (SSI), the South Pennine Moors Special Area of Conservation (SAC) and the Peak District Moors Site […]
The prosecution of the owners of the hotel & spa complex arose out of Health and Safety breaches which resulted in a guest suffering an injury due to a fault with a door in the changing rooms.
The injury that she sustained required hospital treatment and meant that she was unable to work for a number of weeks.
An investigation that followed the incident revealed that there had been a previous similar accident which had not been acted upon and multiple breaches of Health & Safety requirements and that the manager responsible for Health & Safety had not been properly qualified and there was a deficient Health & Safety regime.
Ben Thomas prosecuting on behalf of the Environment Agency secured a sentence of 30 weeks imprisonment, suspended for 18 months. 200 hours unpaid work and 20 days rehabilitation activity work with the Probation Service. HHJ Edward Legard who was sitting at Newcastle Crown Court also imposed a £5000 fine for fly tipping offences and the defendant was ordered to pay almost £12,000 in prosecution costs.
The prosecution came about from the supply of a takeaway curry, which had been requested to be peanut free. As a result of the failure to comply with that request the customer suffered a severe anaphylactic reaction, which required her to be admitted to hospital. Fortunately as a result of prompt and effective treatment she made a full recovery.
The case involved detailed consideration of the true identity of the Food Business Operator, and who in the business was responsible for supplying the food. The prosecution case was that although not the owner of the business and not registered as the Food Business Operator, the Defendant was in fact exercising signifiant control over the business, was therefore acting as the Food Business Operator and was consequently responsible for placing the food on the market.
Following a trial the Defendant was convicted of the offence of placing Unsafe Food on the Market.