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Poor food hygiene costs Mr Chu's £12,000 - 10/04/2008

A well-known Chinese restaurant in Hull has been found guilty of ten food hygiene offences.

On Tuesday 8 April 2008, Hull Magistrates fined China Palace Restaurants Limited, which operates Mr Chu's China Palace on St Andrews Quay, £4,000 and ordered them to pay £4,000 in costs. In addition, the Director of China Palace Restaurant Limited, Qi Jia Chu and the Manager Yi Bing Chu were also fined a further £2,000 each. All three defendants pleaded guilty to ten food hygiene offences.

The offences were brought against the company and its representatives following a visit to the premises by Environmental Health Officers on 10 September 2007. The purpose of that visit had been to undertake a routine inspection and to assess compliance with the requirements of a Hygiene Improvement Notice.

During the visit the officers found a number of offences many of which had been brought to the attention of the Director of the company that operates Mr Chu's China Palace, Qi Jia Chu and the Manager of the business Yi Bing Chu, also known as Jack Chu, on a number of occasions.

The issues found during the visit included:
* Poor cooling practices, with large quantities of ducks being found cooling for several hours
* Risks of cross contamination between raw meat and poultry and cooked food/ready to eat foods during preparation.
* There was no hot water for hand washing and cleaning.
* Some of the equipment and parts of the structure were found in a poor state of repair, preventing adequate cleaning

Due to the conditions found during the visit it was evident that the staff were not adequately trained, supervised and instructed.

During previous visits the operators of the business had been requested to put in place a documented food safety management system, which is intended to ensure food is produced safely. As a system had not been put in place a Hygiene Improvement Notice had been served by Environmental Health Officers on 18 July 2007. It was evident to the officers, by the practices that had been found, that a documented system was not in place and the notice had not been complied with.

Mr and Mrs Chu and the company were represented during the court hearing by a Solicitor who mitigated that his clients had accepted that they had failed to comply with the requirements of the legislation, though his clients had addressed all of the issues and he believed they now had a system in place that would protect food safety. He went on to say that his clients had been slow to comply with the requirements of the food legislation due to cultural differences that they had had to overcome and difficulties in putting in place a system that was appropriate for the size of the business.

The Solicitor advised that his clients had pleaded guilty at the earliest opportunity and he requested that they be given credit for this. In summing up he stated that his clients had no intention to mislead and that they had always had a good working relationship with the Council, which they wished to maintain and improve.

The Magistrates fined the company and its representatives and in passing sentence the Magistrates gave credit for the early plea but went on to say that the Local Authority had clearly given sufficient opportunities to resolve the problems at the premises.

Norma Cottis, Divisional Manager (Environmental Health Services) commented: "This case highlights that food business operators must take their corporate responsibility seriously when operating food businesses and not hide behind the anonymity of a limited company.

"Officers have attempted to resolve issues at the premises by providing guidance and advice. Unfortunately the businesses has failed to act on the advice and directions given and left the Officers with no option other than to take formal action to protect the health of the public."

Following the visit to the premises in September 2007 it scored 20, E, Very Poor in the Council's Scores on the Doors Scheme. However, following a further visit on 11 January 2008 the premises scored 60, C, Acceptable which indicates that the food business operators have made food hygiene improvements since the last visit when the offences were highlighted in 2007.



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