The service of a notice on a food, drinks or hospitality business can have a substantial negative impact on the reputation of a business and put the recipient in danger of future criminal proceedings if such a notice is left unchecked and unchallenged. In some cases, directors can be held liable for any breaches of criminal law, including a breach of a notice that has not been appealed. It is therefore surprising that many businesses accept such notices without challenge.
Such notices can range from abatement notices in respect of alleged statutory nuisance, hygiene improvement notices, Hygiene emergency prohibition notices, seizures of food, notices in respect of labelling and notices in respect of health and safety, amongst others. Each will be governed by its own legal context.
For example, each notice will have different requirements for the business to comply with. Furthermore, each will have different legal consequences, procedure for the regulator to comply with, compliance and appeal requirements for the business concerned, and deadlines for appealing. Depending on the type of notice served, the notice may vary in terms of where such an appeal lies.
What they will most likely have in common though is that they will all be technical in nature, will likely have defences or even be invalid perhaps because of the way they are drafted or what they seek to require, and most importantly they will have consequences for the business if left unchallenged. Any business served with any enforcement notice of any kind would be wise to seek advice immediately upon the receipt of it so that if a legal challenge is appropriate this can be done as soon as possible and within the often-tight schedules prescribed.
Many of the types of notice that can be served on a food business are capable of being challenged and it is sometimes possible to persuade regulators to change their mind about the need for such a notice in the first place. Failure to appeal these notices can result in future prosecutions either for an alleged breach of the notice or for the alleged offence which gave rise to the notice initially. If there has been no appeal, this factor can often be raised by the regulator in any future prosecution. However, an effective appeal can avoid this danger altogether, and so avoid the peril of future liability, protect the business’s reputation and avoid costs in the long run.
