Restaurant owner fined after displaying ‘5’ food hygiene rating instead of correct ‘1’

Toshil Miah of The Spice Exchange at the Oak, The Oak Inn, Guilsfield failed to appear at Llandrindod Wells Magistrates Court on Wednesday to answer a charge of displaying an invalid food hygiene sticker, a ‘5’ rating instead of ‘1’ on April 3, and failing to display a valid food hygiene sticker in the location and manner prescribed on May 15.

The 45 year-old had also failed to pay a fixed penalty notice even though it was served on him on April 9, 2019.

Prosecuting for Powys County Council, Mr Rob Brown, said there are two businesses at The Oak Inn. The Oak Inn has a correct ‘5’ rating for hygiene but The Spice Exchange only had a ‘1’ rating.

He said an Environmental Health Officer attended at The Spice Exchange on April 3 and a ‘5’ rating was displayed to confuse consumers. The officer spoke to Mr Miah who said he had not received a ‘1’ rating sticker.

The ‘1’ hygiene sticker was re-issued and the officer returned to The Spice Exchange on May 5 but the ‘5’ rating was still displayed. Mr Miah said he had not received the ‘1’ rating but it was discovered in a pile of unopened mail.

Mr Miah was served with a fixed penalty notice and he said he would pay it the next day but Mr Brown told the magistrates that it had still not been paid – over six months later.

Magistrates found the case proved in Mr Miah’s absence.

They fined him £300 for displaying an invalid food hygiene sticker on April 3, and £200 for failing to display a valid food hygiene sticker in the location and manner prescribed on May 5.

He was also ordered to pay £562.80 in costs and a £30 surcharge.