Environmental Health Officers have the right to enter and inspect food premises at all reasonable hours. They do not have to make any appointment and they will usually come without advance notice. They carry out routine inspections and may also visit as a result of a complaint. How often routine inspections happen depends on the potential risk posed by the type of business and its previous record. Some premises may be inspected at least every six months, others much less often.

The inspectors work to the Enforcement Concordat which the Council adopted in 1999. It sets out what businesses can expect from Enforcement Officers.

Inspectors will look at the way you operate your business to identify potential hazards and to make sure it complies with the law. They will discuss any problems with you and advise on possible solutions. They also have powers which they can use when they think it necessary to protect the public.

Statutory Powers

• To enter premises at any reasonable time, obstructing an officer is a criminal offence.
• Inspectors can take samples and photographs, and inspect records.
• They may write to you informally asking you to put right any problems they find.
• Where breaches of the law are identified which must be put right they may serve you with an improvement notice.
•  They can detain or seize suspect food.
• If there is an imminent health risk to consumers, inspectors can serve an emergency prohibition notice which forbids the use of the premises or equipment. Such a notice must be confirmed by the Court.
• In serious cases, they may decide to recommend a prosecution: if the prosecution is successful the Council may impose prohibitions on processes and the use of premises or equipment, fines and possibly imprisonment.

What can you do if you think the outcome is not fair?

If you don't agree with the action taken by the Inspector, you should first contact your Local Authority's Head of Environmental Protection Division, to see if the problem can be resolved informally. If disagreement remains after that you could approach your local Councillor.

If you think your Local Authority is applying the law in a different way from other authorities you can seek advice from the Local Authorities Co-ordinating Body on Regulatory Services (LACORS) either through your trade association or your Local Authority.

You have a right of appeal to a Magistrates' Court against an improvement notice or a refusal by a Local Authority to lift an emergency prohibition order made earlier by the Court.

A Magistrates' Court must confirm the emergency closure of a business or the seizure of food. If Magistrates decide premises have been shut without proper reason, or food has been wrongly seized or detained you have a right to compensation.

Finally, remember:

Your Local authority is ready to help if you need any advice on food safety, trade associations and independent Consultancy services can also help. Closer partnership between food businesses and local authorities means better public protection.

General Advice for Food Hygiene Training