The former owner of a Kirkby take-away has been fined £480 and ordered to pay prosecution costs, with a total financial penalty of £922.00, after breaching food allergen regulations.
Sopranos Pizza in Kirkby served a donner kebab as soya-free but analysis found that it did contain soya, a food injurious to the health of consumers allergic to soya.
Samuel Tayar was Managing Director of Jasmine NW Ltd which owned Sopranos Pizza, 7 Glovers Brow in Kirkby, at the time of the incident in February 2023.
Mr Tayar was taken to court following an investigation by Knowsley Council Trading Standards.
The council said it received a complaint in January 2023 from a member of the public who had asked for a ‘dairy free’ garlic bread due to allergies. When delivered the garlic bread was topped with cheese.
The fact the take-away didn’t ask for further details about the customer’s allergen requirements led to Trading Standards conducting a test purchase to check legal compliance with food allergen regulations.
Prior to this, on the 14th July 2022, a routine inspection was carried out and advice was provided in relation to the legal requirements on providing allergen information to consumers.
The test purchase was carried out by Knowsley Trading Standards on 22 February 2023. An order was placed by phone for a doner kebab without soya, however, food tests found the presence of soya.
There are 14 allergens that must be identified if they are included as ingredients in a dish, one of which is soya. Restaurant and takeaway food is subject to these requirements.
Cllr Shelley Powell, Cabinet Member for Communities and Neighbourhoods, said:
“This case demonstrates the serious responsibility owners of food premises have when it comes to food safety.
“For people with a food allergy, even a very small amount of an ingredient they are allergic to can have very serious – and potentially fatal – consequences.
“All food businesses have a legal duty to provide customers with clear and accurate, allergy information about the food they serve and must ensure staff are properly trained and have rigorous procedures in place.”
“If anyone is concerned about a business not providing food allergen information, or if you are a business requiring advice in relation to food allergens, please contact Trading Standards.”
The Council has been advised that the take-away is now under new management.