Noor Mohammed, the Director of Nayeema (Alford) Limited trading as the Windmill Hotel at 10 Market Place in Alford, has been prosecuted after selling a curry that contained peanuts, when a peanut-free dish had been ordered.
The case was heard at Boston Magistrates’ Court last week and Mr Mohammed pleaded guilty to two charges.
He was fined £369 and ordered to pay £1,000 towards costs.
On October 22 last year, the curry house was visited by an officer from Lincolnshire Trading Standards and a food sample was taken to discover if the food was allergen-free as requested.
Mark Keal, Lincolnshire Trading Standards Manager, said: “An unannounced officer spoke directly to Mr Mohammed and he confirmed that the Lamb Malay - Mild with Fruits was peanut free. However, when the curry arrived and the officer explained what was happening, she was then informed it might have peanuts in it by a member of staff.”
Tests carried out on the curry revealed that it contained around three per cent peanuts, and was “potentially harmful to consumers who are allergic”.
Mr Keal added: “Restaurants have a duty of care to serve food that is of the nature, substance or quality demanded by the consumer, and to ensure that it is allergen free if the customer has requested this.
“We were shocked to find that one ingredient used in preparing the meal was 100% peanut powder. He should have realised that there are potentially deadly consequences for customers with peanut allergies if they were served this meal.
“We will continue to provide business advice, inspect food and take samples from restaurants in Lincolnshire to ensure they are complying with the laws relating to allergens.”
The two charges were:
1) That on 22nd October 2018 at 10 Market Place, Alford in the county of Lincolnshire you did fail to comply with article 14 of EU Regulation 178/2002 in that you placed on the market food, namely a Lamb Malaya – Mild with Fruits, that was unsafe in that it contained Peanuts when it was purchased as Peanut Free, contrary to regulation 19(1) of the Food Safety and Hygiene Regulations 2013.
2) That on the 22nd October 2018 at 10 Market Place, Alford in the County of Lincolnshire you did sell to the purchaser’s prejudice food, namely Peanut Free Lamb Malaya – Mild with Fruits which was not of the nature demanded by the purchaser in that it contained peanuts contrary to section 14 of the Food Safety Act 1990