Gosport Borough Council- Food Hygiene Inspections
Introduction
The Food Safety Act and Regulations made under it aim to make sure all food offered to the public is safe to eat and is properly described. This information explains the role of Gosport Borough Council Environmental Health and Hampshire County Council Trading Standards services in helping you to produce safe food and to meet your other responsibilities. Environmental Health Officers and Food Inspectors check on food safety and hygiene. Trading Standards Officers check on composition, labelling and weights & measures
Who will inspect your business?
Environmental Health Officers and Food Inspectors have the right to enter and inspect food premises at all reasonable hours. They do not have to make an 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.
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.
What are you entitled to expect from the Inspectors?
- a courteous manner;
- to be shown identification;
- feedback from any inspection, such as information about hazards which have been identified and guidance on what you must to do to comply with the law;
- to be given the reasons in writing for any action you are asked to take;
- where there is an apparent breach of law, a statement of what that law is;
- reasonable time to meet statutory requirements, except where there is an immediate risk to public health;
- to be told the procedures for appealing against Local Authority action.
What powers do Inspectors have?
They can take samples and photographs, and inspect records. You must not obstruct inspectors when carrying out their duties. They may write to you informally asking you to put right any problems they find. Where breaches of the law are identified they may serve you with an Improvement Notice requiring works to be carried out.
In serious cases, they may decide to recommend a prosecution. If the prosecution is successful the Court may impose fines and possibly imprisonment.
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. Suspect food can also be detained and seized.
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 Gosport Borough Councils Head of Environmental Health (Commercial) or Trading Standards services, 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-ordinators of 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.
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.
For details of the Enforcement Policy we apply when carrying out out food hygiene inspections please click here.
For further information please call (023) 9254 5505, 5506 or 5507 during office hours or visit our offices at the Town Hall, High Street, Gosport, Hampshire PO12 1EB.
Alternatively e-mail ehs@gosport.gov.uk any time.