GK hygiene test case fails in court

by MA Reporter Greene King plc has lost a High Court test case that sought to overturn a conviction for food hygiene offences at one of its pubs in Harlow, Essex. The company had tried to argue it was a different legal entity to Greene King Brewing and Retailing, which was running the pub on a day-to-day basis. The firm was convicted after environmental health officers visited the Moorhen on 5 July 2001. However, Greene King argued that it was the wrong target for the prosecution mounted by Harlow District Council. But Mr Justice Goldring dismissed the company's challenge to the earlier decision of magistrates which had been upheld on appeal to Chelmsford Crown Court. "Parliament intended this legislation to be as flexible as possible when it sought to protect the public," he said, referring to the 1995 Food and Safety [General Food Hygiene] Regulations which were at the centre of the case. The judge said that the case against Greene King was brought following allegations of overflowing refuse bins, infestation of flies, poor cleanliness and repair of premises and storage of raw materials in a manner unlikely to prevent their deterioration. Greene King had argued that it was not the "proprietor of a food business" as defined by Food and Safety Regulations. It claimed the prosecution should have been launched against Greene King Brewing and Retailing Ltd which owned the pub. The court took the view that the council had proved that it was the plc that was, in the eyes of the law, the "proprietor" of the pub and "as a matter of common sense they were carrying on a food business".