WHAT TO DO IF THE ENFORCEMENT OFFICER TAKES ACTION
If the enforcement officer:
LEAVES A HANDWRITTEN REPORT / SENDS YOU A LETTER
- Action any items that they state are legal requirements as soon as possible and certainly within the date given
- Consider whether any recommendations are practical for your operation – action if so
- Keep the report in a safe place
VISITS BECAUSE OF A COMPLAINT
- Follow the procedures outlined in WHAT TO DO IF AN ENFORCEMENT OFFICER VISITS.
- Ask whether they will release the complainant’s details at the end of their investigation so that you can write to apologise
- If you are not contacted within two weeks, telephone the officer to find out the outcome
SERVES A HYGIENE IMPROVEMENT NOTICE (FORMAL NOTICE REQUIRING WORKS)
- Check that you understand what exactly you need to do and when needs to be done by
- If you are able to complete any works prior to the expiry date, invite the officer in so that if they are not satisfied you still have time to put it right
- If you do not feel you will be able to complete the works on time, contact the officer to ask for an extension. If they agree to this, ask them to put it in writing.
- If you do not agree that the notice should be served, check the “Rights of Appeal” on the back and seek legal advic.
TAKES A FOOD SAMPLE (TO HAVE IT EXAMINED OR ANALYSED
- Ask the officer why they are taking the sample – is it a routine survey or do they have concerns
- If you are not contacted within two weeks, telephone the officer to find out the results
SEIZES FOOD (TO HAVE IT CONDEMNED BY A MAGISTRATE
- Check that you understand why they have seized the food and what they intend to do with it.
- If you do not agree that the food was unsafe, seek legal advice.
SERVES / INTENDS TO SERVE A HYGIENE EMERGENCY PROHIBITION NOTICE (CLOSURE)
- Check that you understand what exactly you need to do before you can re-open.
- Contact the officer as soon as the work is complete so that they can re-visit.
- If you do not agree that there was an imminent risk to health, seek legal advice.
CAUTIONS YOU OR A STAFF MEMBER
A caution is when an enforcement officer says to you “You do not have to say anything, but it may be held against you, if you fail to mention when questioned something you later rely on in Court”
- Apart from giving your name, address and position, do not answer any further questions
- Advise the Enforcement Officer that you will be happy to arrange and appointment to answer any questions when you have sought legal advice.
INVITES YOU OR A TEAM MEMBER TO A FORMAL INTERVIEW
This is an interview under caution and your answers could be used in evidence in Court.
- Seek legal advice.
