The Court: Melbourne Magistrates Court
The Lawyer: Jaime Du Cane
The Charges:
The Allegations:
Our client owned a karaoke venue in the heart of the CBD. The venue prepared and served simple dishes like chicken wings and noodles, making it a Class 2 food business.
During a routine inspection, the local council discovered mice and cockroaches, which had also caused some structural damage over time. The kitchen and bar areas were found to be unhygienic, and food was not stored correctly. Further, some employees did not have the requisite qualifications to undertake food preparation.
The council immediately shut down the business; a closure order remained in place for 10 days before it was lifted when all problems and defects had been remedied.
It is a common misconception among business owners that as long as they subsequently undertake enough corrective measures to the council’s satisfaction at a re-inspection, the matter will not go to court. This is not the case, as the council can, and often will, issue charges against the company and individuals if the initial breaches were serious.
The company, its director, and the manager of the business premises each faced 11 charges relating to serious breaches under the Food Act 1984 (Vic).
At Court:
These are strict liability offences, and the prosecution always relies on many photographs taken during inspection as evidence, making these charges very difficult to contest. This case was no different, and the client had also made admissions.
Preparation was the key to achieving the best outcome in this case. Our solicitor took time to get to know the client’s business, the location and layout of the premises, the personal circumstances of the individuals charged, and the clients’ preventative and remedial steps. This information allowed our solicitor to participate in effective case conferencing and deliver powerful plea submissions at court.
After many days of negotiating with the council, our solicitor obtained several significant concessions, particularly the council’s acceptance of how difficult it was to eliminate the pest problem at that location, inside an old building with tunnels underneath and a large food court directly below. The council ultimately agreed to drop 4 out of 11 charges and proceed with a much less aggravating statement of facts.
During the plea itself, our solicitor focused on the clients’ efforts to fix everything as quickly as possible post-inspection, the financial loss suffered as a result of the closure, the fact that there were no reports of contamination or food poisoning, and the stringent current management regime adopted by the business.
The Outcome:
The result was a very lenient fine of $4,000 for the company and approximately $2,000 for each individual, and all three defendants avoided criminal convictions.
The non-conviction outcome was highly desirable for the company and its director, who was a well-known figure in the Australian-Asian business community and thus did not want his reputation affected by this matter. This meant the conviction was automatically spent per the spent convictions legislation.
