If you have previously failed to comply with important legal requirements such as properly training staff on key food safety control measures or properly implementing a safety management system, then you could be served with a Hygiene Improvement Notice. This is a legal notice and requires you to take immediate steps to comply.
The Hygiene Improvement Notice will outline what is wrong, why it is wrong, what suitable steps to take and how you long you have to take this action.
Our advice is to read all of the information on the notice carefully. If there is anything you do not understand or need to clarify then you should contact the EHO. Their contact details should be outlined on the notice. You are also advised to keep the EHO up-to-date with your progress and contact them immediately if you are not able to comply within the specified time. This deadline is important and you must not ignore these legal matters. The consequences of not addressing this could result in prosecution proceedings being taken against your business. Any request for an extension of the notice should be made in writing before expiry of the notice.
An Emergency Hygiene Prohibition Notice may be served if conditions or activities are considered so harmful or unhygienic that they represent an imminent risk to the public. This notice will require immediate closure of part or all of the business and require it stays closed until the risk is removed and the business made safe. It could require you to immediately cease a certain activity e.g. Vacuum packing foods, if they are found to be carried out without sufficient controls in place.
It is important that you work with the EHO to resolve these matters and get the business back on tracks.
You also have the right to appeal to a Magistrate’s Court against an improvement notice and against a local authority’s refusal to lift an emergency prohibition order. If the court deems that the premises has been shut or that food has been seized without proper reason, you’ll have the right to compensation.