Rat acquittal overturned
Date:
22 October 2009
The High Court has upheld an appeal by the District Council against a decision by Magistrates to acquit the owners of the Kings Lodge Hotel Bar and Restaurant of food hygiene charges.
Three Rivers District Council had served a Hygiene Emergency Prohibition Notice on the owners of the Hunton Bridge eatery back in January 2008.
When inspecting the restaurant, an Environmental Health Officer had found a dead rat in the dry food store, with droppings in other parts of the kitchen. The food preparation areas were also found to be filthy. As a consequence the premises were closed to customers with immediate effect and were to remain closed until health inspectors decided they were hygienic.
The owners were also prosecuted for six serious hygiene offences, but in a move which left officers confused, the Magistrates decided that the restaurant was ‘not trading’ when the inspectors carried out their visit.
The District Council appealed to the High Court, where Lord Justice Scott Baker ruled that the Magistrates had been in error in their judgment. He directed that the Magistrates should now convict one of the owners and should investigate the full culpability of the other owner. He described conditions at the restaurant as 'lamentable'.
Cllr Phil Brading, Three Rivers Cabinet Member for Public Services and Health said:
"This successful case could set a precedent for other councils seeking to protect public health. Food safety standards across the district are good on the whole and they have improved further since Scores in the Doors were introduced. We will continue to take a tough line on breaches of hygiene standards for the safety of the public.
“We recognise also that Magistrates deal with a vast majority of cases efficiently and correctly. However we all make mistakes from time to time and fortunately the law allows for incorrect decisions to be challenged."
The restaurant is now under entirely under new management and has a Scores on the Doors rating of 4 out of 5 stars which is considered very good.
Scores on the Doors can be viewed here for Three Rivers and here for Watford.
If residents suspect they have caught food poisoning from a food outlet in the district they are asked to inform the District Council's environmental health team enquiries@threerivers.gov.uk 01923 776611
A copy of the High Court decision is available from the District Council