Food Safety: Tubby J’s prosecuted by Luton BC

Luton Council has successfully prosecuted fast food shop Tubby J’s, formally operating at 193 Dunstable Road in Luton, for offences under the licensing, food hygiene and health and safety legislation between January and October 2010. (Photo Gallery below)

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At Luton Magistrates Court on 12 October 2011, magistrates heard how the Council’s Licensing and Food Officers visited Tubby J’s on numerous occasions and carried out authorised surveillance during their investigation.

Licensing Officers discovered that the shop owners repeatedly sold food after 11pm without a late night refreshment licence.  Council Food Officers found the structure and cleanliness of the shop fell below that required by law. Staff were not adequately trained in food hygiene or wearing protective clothing, and food was open to potential contamination.

During sentencing, Magistrates said they were appalled that “the disgusting conditions had been allowed by Mr Faisal Khan, director of Select Assist Limited who owned the shop, despite the co-operation and persistence of the Local Authority.” They said: “the premises presented an ongoing risk to the public and we congratulate the Local Authority in dealing with that.”

Cllr Dave Taylor, portfolio holder for Licensing, said:  “The Council’s duty is to uphold the licensing and health and safety legislation to ensure all businesses are operating fairly and safely, without placing public health at risk.  The massive fine awarded by the court demonstrates just how serious breaking the law can be.”

Select Assist Limited was sentenced to fines of £1,500 for breaches of food hygiene legislation, £1,000 for breaches of the health and safety legislation and a further £2,500 for breaches of licensing legislation – a total of £5,000.

Mr Khan was also fined £2,500 for breaches of food hygiene legislation and a further £2,000 for breaches of licensing legislation – a total of £4,500.

Luton Borough Council was awarded costs of £8,161 against both the company and Mr Khan. The total fines amounted to £17,661, including victim surcharges.

Tubby J’s is no longer trading.

 

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