Fish and chips shop owners prosecuted

Friday, 12 October 2018
Picture of maggots present in Mariondale Fisheries shop on 6 June 2018

The co-owners of a fish and chips shop in the Yorkshire coast village of Robin Hood's Bay were found guilty at Scarborough Magistrates Court on 2 October of four food hygiene related offences linked to selling unsafe food, poor cleanliness and upkeep of the premises and poor food safety management.

Susan Jane Wilkinson Verrill and Kristopher Verrill, co-owners of Mariondale Fisheries on Albion Road, were fined £600 each for the four offences. In addition, they were each ordered to pay a victim’s surcharge of £60 and legal costs of £746, bringing the total amount they were ordered to pay to £1,406 each, to be paid at a total of £50 per month between them.

The owners attended the court hearing, pleaded guilty to all four offences with which they were charged and expressed remorse for the state their shop was found in on the day of the food hygiene inspection on 6 June. The inspection was conducted by one of Scarborough Borough Council’s Environmental Health officers and resulted in the shop being given a zero food hygiene rating.

Environment and Regulation Manager, Jonathan Bramley, said:

"This case demonstrated some very serious breaches of food hygiene legislation and we are therefore disappointed at the relatively low level of fines set by the Magistrates.

"The filthy conditions that our officer found in the shop showed scant regard for cleanliness and the welfare of customers. Food businesses are responsible for ensuring that their premises are kept clean and maintained in good repair and condition to ensure that they produce food in a safe and hygienic manner and in a clean environment.

"As part of the food safety management system it is expected that food business operators will be competent at stock control and discard food that is unfit to eat. Unfortunately, at the time of the visit there was evidence of unfit food on the premises.

"We take food hygiene very seriously and we will not hesitate to take action against any food business that does not comply with the necessary legislation."

Once the Verrills have made all the necessary improvements to their shop, they have the option to request a re-rate inspection by the council.

The four offences in detail are:

  1. Failed to implement a food safety management system contrary to the requirements of Regulation (EC) No. 852/2004, Article 5 and therefore an offence under Regulation 19 (1) of The Food Safety and Hygiene (England) Regulations 2013.

  2. Failed to ensure, that the premises was kept clean as required by Regulation (EC) No. 852/2004, Article 4 (2), Annex II, Chapter 1, 1 and therefore an offence under Regulation 19 (1) of The Food Safety and Hygiene (England) Regulations 2013.

  3. Failed to ensure that all articles, fittings and equipment with which food comes into contact were kept clean contrary to the requirements of Regulation (EC) No. 852/2004, Article 4 (2), Annex II, Chapter V, 1 (a) and therefore an offence under Regulation 19 (1) of The Food Safety and Hygiene (England) Regulations 2013.

  4. Placed food on the market that was unsafe contrary to the requirements of Regulation (EC) No. 178/2002, Article 14 and therefore an offence under Regulation 19 (1) of The Food Safety and Hygiene (England) Regulations 2013.

Picture of filthy conditions in Mariondale Fisheries found during the council's inspection of the shop on 6 June 2018