Posted: Wed 22nd Mar 2017

Company Has Fine Cut On Appeal

news.wales / newyddion.cymru
This article is old - Published: Wednesday, Mar 22nd, 2017

A Cardiff company fined £120,000 for delivering “high risk” food to a business in a vehicle that wasn’t refrigerated has had the fine cut on appeal. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Global Foods Ltd was prosecuted by City of Cardiff Council and fined at Cardiff Magistrates’ Court in January. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

On Friday, an appeal against the fine was heard at Newport Crown Court. The appeal was allowed and the fine was reduced from £120,000 to £80,000. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The prosecution in January followed a previous legal notice served on the company for the same offence. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

In September 2014, the council received a complaint that food such as ham and cheese was being transported in vehicles that were not refrigerated. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

After an investigation, a Remedial Action Notice was served on the company. A follow up inspection found the company was complying with the legal notice. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Magistrates’ Court heard that on December 9, 2015, the company breached the notice when it was found food being delivered in a Global Foods Ltd van to a takeaway in Pentrebane, Cardiff, was not refrigerated and the driver didn’t have any temperature control equipment on the vehicle. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Global Foods Ltd said the wrong delivery truck was loaded in error by a driver. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

At Newport Crown Court on Friday, Tim Petrides, from Shanahans Solicitors, defending Global Foods Ltd, admitted the company had made mistakes but asked the court to look at the issue of proportionality in terms of the fine. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Mr Petrides also argued the fine should be reduced given the fact the company had no previous convictions, immediate action was taken to prevent a re-occurrence, such as training and new procedures, and they had since spent £440,000 on new refrigeration vehicles. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Mark Roberts, representing the Council, said they supported the appeal application because, in addition to the mitigating factors put forward by Mr Petrides, the company had also co-operated throughout the process and had taken positive steps in respect of temperature control. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​



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