The owner of ‘Mr Lobster’ trading from Stable Hobba Industrial Estate in Newlyn has been prosecuted for three food hygiene offences following a lengthy investigation by Cornwall Council’s Food & Safety Team that started with an initial visit to those premises on 18 May 2012.
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40-year old Jacek Sylvester Fester of Station Road Pool pleaded not guilty to three offences under the Food Hygiene (England) Regulations 2006 at Truro Magistrates Court on Wednesday 05 June. The three offences (full details below) included operating a crab processing facility without obtaining the required approval from the competent authority and failing to provide wash hand basins with hot and cold running water.
The court found him guilty of all three offences and he was fined £165 and ordered to pay a sum towards the Council’s costs of £1,500.
The Magistrates also directed that a Hygiene Prohibition Order be imposed on Mr Fester, preventing him from being involved in managing food businesses in the future.
Action was taken after officers from the Council’s Public Health and Protection Service discovered that crab meat was being processed and packed for wholesale distribution by Mr Fester without the legally-required approval to do so.
Crab was being killed, boiled and vacuum packed in an environment which fell short of the standards required for such an establishment. This included having no hot water supplied to wash hand basins contrary to advice given to Mr Fester during his operation of two similar businesses in 2008 and 2009.
Attempts to investigate the matter were frustrated by Mr Fester resulting in obstruction charges being brought by the Council.
Nick Kelly, Cornwall Council’s Commercial Food and Safety Manager, said: “Once again this case has shown the importance for people to not set up food manufacturing businesses without first notifying Cornwall Council’s Food & Safety Team. In this case no notification was received and the consequences were very severe for the food business operator. When we are notified, experienced and knowledgeable Food & Safety officers will work with the business to ensure that safe food is produced.
Cornwall Council cabinet member for Homes and Communities Geoff Brown said: “This case highlights the importance of food processors following all guidelines and advice from officers to protect public health. Officers from Cornwall Council’s Food & Safety Team are to be commended on their vigilance in this case. Cornwall Council is always happy to provide advice and guidance to those seeking to commence food processing operations, however when operators flout the law and put public health at risk, action will be taken”.
