TWO shopkeepers have escaped with a fine despite allowing several tonnes of food to rot in a broken freezer.
Cousins Golam Haydar Choudhury, 35, of Haydon Street, and Shamsuddoha Chowdhury, 35, of Broad Street, who run Baraka Groceries in Lagos Street, were ordered to pay almost £11,000 each for 10 breaches of environmental health law.
The pair each pleaded guilty to 12 offences relating to the storage of food, hygiene at the shop and failing to have proper systems in place to prevent pests. A further offence was dropped by the magistrates while they were each given a conditional discharge for the 12th.
In total they had to pay £7,200 in fines each and pay the council costs of £6,900 equally between them.
Officers were alerted to the problems following a complaint to the council in May last year from an engineer called to repair the freezer.
When officers arrived they found almost three tonnes of food piled up, much of it rotting, and stored in an illegal way.
Raw chicken and liver were stored next to prepared food such as vegetables while there was also mould on the walls.
There was so much food the council had to employ a private company to dispose of it in a safe manner.
There were then delays in arranging interviews with the cousins once they were charged, hence the delay in coming to court.
It is not the first time the pair have been convicted for contravening environmental health laws after they were both fined for selling mouldy patties unfit for consumption in November 2013.
Environmental Health officers had pushed for a prohibition order to prevent the two from running a food establishment again, but the chairman of the bench did not go that far in his punishment after previous inspections showed some improvements.
He said: “It is good to see you are moving in right direction. We do not want to take away anyone’s livelihood but we do have to consider the health and safety of the people of Swindon.
“The level of fines reflect the long period of the offences took place, previous similar convictions and the delays in responding to the officers’ actions.”
Defending the pair, Tareq Chowdhury said: “My clients are fully remorseful and sincerely apologise for what has happened. Since these inspections they have made significant improvements.
“They have cooperated with the officers throughout the procedures and complied with all the orders against them.”
Speaking after the case, Louise Doughty, food, health and safety team leader at Swindon Borough Council, said: “This case is very disappointing as it is the second time these defendants have been prosecuted for very similar offences. Nearly three metric tonnes of rotting and putrefying food was removed from the site to avoid the risk of it entering the food chain.
“A combination of raw meats, raw fish and many cooked foods were found in the most appalling conditions.
“The residents of Swindon deserve to be sold — and served — fit, wholesome and safe food.”
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