Chef fined for 'zero rating' food van

Shared Regulatory Services

A chef has been fined for running a mobile van with what inspectors called "a blatant disregard for food safety".

Jamie O'Leary was given a zero hygiene rating for JOL's Food Truck, which he ran from the beach car park at Ogmore-by-Sea.

Inspectors from Shared Regulatory Services (SRS) said he blamed his untrained employee, even though he had been present himself in the days leading up to the visit.

No hand soap was available, the van and food contact equipment were in a filthy condition and the fridge had broken resulting in food being exposed to high temperatures.

O'Leary - who previously ran a restaurant in Merthyr and won a British Street Food award - also failed to provide his staff member with appropriate food hygiene training, supervision and instruction.

In court, he pleaded guilty to a total of seventeen charges.

He was fined £334 along with a further £50 for his company and was ordered to pay £2,283.75 in costs to Vale Council.

O'Leary's mobile van was first inspected by an environmental health officer on 30th May 2023, when the fridge storing ready-to-eat foods was broken, resulting in food being at temperatures as high as 19.6C - more than ten degrees above the maximum allowed.

An action notice served by the officer prevented the fridge from being used and its content was surrendered as it was considered unfit for human consumption.

The same inspection found poor hygiene practices such as raw fish defrosting in the wash hand basin with an open packet of raw mince on top of the fish.

Raw liquid egg was found in a container inside the sink, while equipment was being cleaned on a gastronome tray on the floor of the car park.

A surface was also being used for raw meat and ready-to-eat foods without correct cleaning and disinfection procedures.

The premises and equipment, including temperature probes, a potable water container, food bowls, tongs, and a spatula were found to be grimy with a build-up of engrained dirt over a prolonged period of time.

The walls were mucky, the ventilation system was thick with grease, the gill was covered with grease and carbonised food debris and the bin was overflowing with the contents spilling onto the floor.

When interviewed, O'Leary admitted he had relied on training his employee claimed to have received from another employer seven years before and had not check if this had taken place. There was also no documented food safety management system available.

Such were the poor conditions of the van - and the serious risk of contamination to food - that the SRS officer served a second action notice which prevented the handling and storage of raw foods, reducing O'Leary to selling just tea and coffee.

Two days later, on 1st June 2023, the environmental health officer made a return visit - and found that although some improvements were made, the van and the equipment were still dirty and hygiene training had not been completed.

O'Leary also showed a large insulated box used for transporting food, which was also extremely unclean.

Officers returned again for two unannounced visits on 29th June and 9th August that summer - again, they found the van and the food contact equipment in a dirty condition.

The zero hygiene rating was not on display and a fixed penalty notice was served, which has never been paid.

O'Leary continued to allow his untrained employee to work on the van for a month after the inspection without hygiene training or supervision and a documented food safety management system was not compiled between visits.

Despite a number of interventions from officers, O'Leary's mobile business had failed consistently to display their food hygiene rating.

His employee had also been spotted not washing his hands and handling raw meat before touching and serving ready-to-eat meals.

The van was closed down before the defendant appeared in court earlier this year.

Cllr Ruba Sivagnanam, cabinet member for regulatory services at Vale Council, said: "Hygiene ratings are important. They refer to the standards and behaviours within a business and are a key reference for customers."

"Food outlets need to satisfy a range of specific criteria to gain each rating, from one to five. There are no shortcuts to achieving this – it requires a commitment to good practice."

"This business was given a rating of zero after inspectors found numerous hygiene violations over a sustained period of time."

"The premises was extremely unclean, with food at serious risk of contamination after it was not stored, transported or prepared properly. This posed a significant risk to the public and meant major improvement was needed to bring it up to an acceptable level."

"Mr O'Leary failed to make the necessary improvements and deliberately misled customers about his zero rating. It is highly likely some of them would have chosen not to buy from his truck had they been aware of this fact."

"I hope this prosecution sends out a clear message that the Council will rigorously enforce food hygiene standards and take strong action against those that breach them."

"Hygiene ratings are vital assessments of food outlets and anyone found to be doctoring or hiding them will also face serious consequences."

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