09/02/2022 - Food Business Operators prohibited from operating and issued with suspended prison sentences

Mr Shah and Mr Esaqzai have been issued with a 6 month and 4 month prison sentence, suspended for 18 months and 12 months respectively for food hygiene offences. Both defendants were fined with statutory surcharge costs of £1,500 and £1,000 respectively. 

During a routine inspection of Khan Halal Butchers, 12 Nursery Parade, Marsh Road, LU3 2QP in March 2019, an officer of Luton Council’s Food Safety team found evidence of widespread mouse activity in the premises. The officer discovered an absence of both a pest control contract and formal procedures to identify, manage and control pests in the business. Food hygiene standards relating to cleanliness and structure were deemed to be poor. 

Furthermore, Khan Halal Butchers had not been registered with the council, which is a legal requirement. It was also not clear who was in charge of the food business. 

A Hygiene Emergency Prohibition Notice was served requiring the food business to close immediately, with the business being allowed to re-open once the rodent issue had been dealt with effectively. A written warning was also served, on the business operators requiring improvements to structural repair and finish and food safety management.

Five hygiene Improvement Notices were issued upon a revisit of the premises, where it was noted that the requirements within the written warning had not been complied with. Two of these notices were not complied with by the required date. An extension of time was granted, and the notices were finally complied with.

Evidence of a cockroach infestation and poor standards of cleanliness and hygiene was found during another council inspection in October 2020 and a Hygiene Emergency Prohibition Notice was served for the second time, requiring the food business to close immediately until the infestation had been treated.

Further visits throughout 2020 and 2021 to the premises indicated no real improvement in general food safety management, resulting in prosecution. The business has subsequently changed ownership, the food business currently operating from 12 Nursery Parade has no connection to Khan Halal butchers or its owners.

Cllr Abbas Hussain, portfolio holder for Neighbourhood Services and Community Safety at Luton Council, said “It is not only a legal requirement to properly register a food business with the council, but to also operate the business in such a manner as to protect public health. To have to be issued with one emergency closure notice for pest issues is bad enough; but twice is inexcusable. 

All food businesses must have permanent, ongoing and adequate procedures in place to monitor and control pests. We strongly advise that a permanent pest control monitoring and treatment contract is in place with a reputable, professional and competent pest control company. Effective pest control also includes having good standards of cleanliness and maintenance of equipment and surfaces with a good finish to walls, floors and ceilings. We will not hesitate to take action where businesses fail to put the safety of the public first.”

Food business operators should use reputable pest controllers that are registered with the British Pest Control Association or The National Pest Technical Association. Alternatively, businesses can obtain advice and guidance and use the Council’s own pest control traded service by contacting 01582 546814 or emailing [email protected].

PLEASE NOTE the business currently operating at 12 Nursery Parade has no connection with Khan Halal Butchers, Mr Mohammad Shah and Mr Azizullah Esaqzai.