Magistrates agree prohibition notice that shut Diamond Kebab and Pizza, Bingham, on hygiene grounds was justified
Magistrates have agreed the issuing of an order that temporarily shut a Bingham kebab house because of an imminent risk of injury to health was justified.
Rushcliffe Borough Council's environmental health department served a hygiene emergency prohibition notice under Regulation 8 (2) of the Food Safety and Hygiene (England) Regulations 2013 on Diamond Kebab and Pizza at 11a Market Street on August 19.
Environmental health officers witnessed rodent activity, cross contamination and poor cleaning practices.
Magistrates, who sat in Nottingham on Monday, decided they were satisfied that on the balance of probabilities the order was justified at the time it was served.
A serving of such an order means premises close until such time as an environmental health officer is satisfied that sufficient measures have been taken to eliminate the imminent risk of injury to health.
The bench decided no compensation was due to the owner, Mahmut Kutuk, for loss of business.
It was also decided Kutuk pay Rushcliffe's £596 costs.
At the time the order was served, Rushcliffe’s cabinet portfolio holder for neighbourhoods Rob Inglis, said: “Our environmental health team served a Hygiene Emergency Prohibition Notice to Diamond Kebab and Pizza House in Bingham on August 19 prompting closure of the food business until further notice.
“Evidence of rodent activity, cross contamination and poor cleaning practices were witnessed and our immediate priority was to protect the health of residents and consumers with closing of the premises with immediate effect."
The council worked with the owners to ensure they brought the premises up to the necessary standards to allow them to re-open safely, and the order was lifted on August 24.
The business then had a few days of trading before it closed again voluntarily on August 29, which was in no way connected to any further issues identified by the council. It has yet to re-open.