The Wyndham Arms Hotel in Clearwell and its Company Secretary Nigel Stanley have both lost their appeal against £43,000 in fines and costs for food hygiene offences (Photos on Flickr).
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They appealed to Gloucester Crown Court against the sentence on the grounds it was excessive.
However, after a two day hearing Recorder David Lane QC upheld the sentence ordering the hotel and Mr Stanley to pay further costs totalling £9,452.30. The Recorder ordered for the original penalty and the costs to be paid within six months.
The Recorder said: “It is just to award costs and in our view the amount claimed is indeed reasonable. It was a complex prosecution.
“The case was funded by the local authority, which has a duty to enforce the law, and when they win the loser should reimburse the taxpayer for the costs of an unsuccessful appeal.”
The company, Wyndham Arms Hotel, had at an earlier hearing at Cheltenham Magistrates’ Court pleaded guilty to 16 offences and Nigel Stanley the Company Secretary to seven offences.
The offences related to a lack of cleaning affecting all parts of the premises used for food preparation (floors, walls, ceilings), failure to clean and maintain food equipment, and the business did not have an adequate food safety management system in place to ensure food was prepared safely.
Nigel Stanley, Company Secretary, was ordered to pay fines and costs amounting to £7,250 plus a victim surcharge of £15. The Wyndham Arms Hotel Limited was ordered to pay fines and costs amounting to £36,376 plus a victim surcharge of £15.
Cllr Martin Quaile, cabinet member for the Environment at Forest of Dean District Council said: “We are very pleased that the Recorder agreed that the council tax payers of the district should not foot the bill for the wrong doing of the food operator.”
Keith Leslie, Food and Safety Team Leader at Forest of Dean District Council said: “We took this matter to court because of the severity of the food hygiene offences. In this case the business fell so far short of the level expected that action needed to be taken to protect the public. Going back several years to 2004 there has been an intermittent history of poor performance and they failed to take heed of a number of warnings.
“Obviously the majority of food businesses in the district are operating at an acceptable standard which is evidenced if you look at the food hygiene ratings web site http://ratings.food.gov.uk/.
“We are looking forward to supporting Mr Stanley and the Wyndham Arms as they work to improve their food hygiene.”
