Food Safety - Inspections

The Council carries out regular checks on all food premises to ensure the public is protected and that high standards are maintained.

Visits to premises are carried out, as far as possible, without prior notification and are priority programmed according to the degree of potential risk. This ensures that higher risk premises are visited more frequently than those in lower risk categories. During an inspection, Officers will want to reassure themselves that potential food safety risks have been identified by the business, and that there are adequate controls in place to prevent any problems.

They will also look at the training of manager and food handlers to ensure that it is suitable, and they will check that the condition of the premises and equipment is satisfactory.

Where practices or conditions are not satisfactory, every attempt will be made to resolve the situation by informal means, but where poor conditions persist, or where there is a risk to public health it may be necessary to resort to formal action. This could involve either the service of legal notice, prosecution, or in extreme cases closure of the business.

Frequently asked questions

Who will inspect your business?

• Environmental Health Officers and Trading Standards Officers have the right to enter and inspect food premises at all reasonable hours. They do not have to make an appointment and they will usually come without advance notice. They carry out routine inspections and may also visit as a result of a complaint. How often routine inspections happen depends on the potential risk posed by the type of business and its previous record. Some premises may be inspected at least every six months, others much less often.
• Inspectors will look at the way you operate your business to identify potential hazards and to make sure it complies with the law. They will discuss any problems with you and advise on possible solutions. They also have powers which they can use when they think it necessary to protect the public. These are explained below.

What are you entitled to expect from the inspectors?

• a courteous manner
• to be shown identification
• feedback from any inspection, such as information about hazards which have been identified and guidance on how they could be avoided
• a clear distinction between what the inspector is recommending you do because it is good practice and what you must do to comply with the law
• to be given the reasons in writing for any action you are asked to take
• where there is an apparent breach of law, a statement of what that law is
• a reasonable time to meet statutory requirements, except where there is an immediate risk to public health
• to be told the procedures for appealing against local authority action

What powers do inspectors have?

• They can take samples and photographs, and inspect records. You must not obstruct inspectors.
• They may write to you informally asking you to put right any problems they find. Where breaches of the law are identified which must be put right they may serve you with an improvement notice.
• They can detain or seize suspect foods.
• In serious cases they may decide to recommend a prosecution: if the prosecution is successful, the Court may impose prohibitions on processes and the use of premises or equipment, fines and possibly imprisonment.
• If there is an immediate health risk to customers, inspectors can serve an emergency prohibition notice which forbids the use of the premises or equipment. Such a notice must be confirmed by the Court.

What can you do if you think the outcome is not fair?

• If you do not agree with action taken by the inspector, you should first contact your Local Authority's Head of Environmental Health or Trading Standards Services, to see if the problem can be resolved informally. If disagreement remains after that you could approach your Local Councillor.
• If you think your Local Authority is applying the law in a different way from other Authorities you can see advice from the Local Authorities Co-ordinating Body on Food and Trading Standards (LACOTS) either through your trade association or your Local Authority.
• You have a right of appeal to a Magistrates' Court against an improvement notice for a refusal by a Local Authority to lift an emergency prohibition order made earlier by the Court.
  A Magistrates' Court must confirm the emergency closure of a business or the seizure of food. If Magistrates decide premises have been shut without proper reason, or food has been wrongly seized or detained you have a right to compensation.

Finally, remember:

• your Local Authority is ready to help if you need any advice on food safety or labelling;
• trade associations and independent consultancy services can also help; and
• closer partnership between food businesses and Local Authorities means better public protection and fair trading.

• Subscribe to this page