Trading standards officers visited Mozalicious in Langley, Oldbury at the end of 2017 as part of an investigation into 40 local restaurants. The officers conducted test purchases of ‘peanut free meals’ having stated to restaurant staff that they had peanut allergies.

Subsequent laboratory testing found that the meals provided contained sufficient quantities of peanuts to cause a potentially fatal reaction in someone with a peanut allergy.

Sandwell Council’s Environmental Health Officers who were carrying out a food hygiene inspection at the same time confirmed that some kitchen staff were not following allergen control procedures, including a chef who used the same spoon for nut powder as other ingredients.

The owner of Mozalicious unsuccessfully claimed that the officers had not requested peanut free meals and that he had done everything in his power to prevent such an incident occurring.

Wolverhampton Magistrates’ Court found the owner guilty of providing food which was not of the quality demanded and which was unsafe. He was sentenced to a fine of £1,200 and ordered to pay £1,854.40 in costs and a victim’s surcharge of £120.

Councillor Elaine Costigan, cabinet member for public health and protection, said: “The restaurant in this case was told on two separate occasions by the officers that the meals needed to be peanut-free. If the meals had been served to someone genuinely suffering from a peanut allergy, then the consequences could have been fatal.”

If you or your business are faced with an investigation or prosecution for breaching food safety, food hygiene, or trading standards legislation you should call our specialist Regulatory Partner, James Lowe, on 07833 240400 for advice and assistance.