Food Registration - and liability for offences - a recent case

You should be aware that the law requires that food business operators to register their individual establishments with the appropriate Local Authority.

Of possible relevance especially to operators who have a tenanted estate, a recent case has established that the entity or individual who has given the registration is not the sole determinant of liability for offences committed on the premises, and in this case the individual operator, not named on the Food Registration form, had been lawfully convicted.

The evidence was that the individual, who was not named in the Food Registration, had been in control of the business and he was therefore capable of being a food business operator within the definition in relevant regulations. ‘There was no reason why, in the policy or construction of the Regulations, there could not have been a legal person and a natural person as food business operators of the same premises at the same time. A natural person could be liable as a food business operator whether or not he was a director of the company. The issues were simple evidential matters for the district judge to decide.’ Ultimately it was an issue of fact.

See R. (on the application of Rasool) v Tower Bridge Magistrates' Court Divisional Court 07 November 2013

As a separate matter, if within a tenanted estate, the Food Registration has been given in the name of the individual operator as opposed to the owning company, it would appear that on change of operator/tenant notice of the change under the relevant regulations should be given to the Local Authority – technically on 28 days’ notice.

The Food Standards Agency has produced a simple guide for business on food hygiene generally which can be found here: 'Food Hygiene: A guide for Businesses'