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04th May 2022

Takeaway operator imprisoned for three months following food safety breaches

Hugh Carr

domenico prison

The man was also fined €500, with an additional €2,500 to be paid to the Food Safety Authority of Ireland.

A man has been imprisoned for three months following several breaches of a Closure Order and other offences in a takeaway in Tipperary.

Domenico Venditti, former operator of Domenico Takeaway in Newcastle, pleaded guilty to all nine charges brought forward by the Food Safety Authority of Ireland (FSAI).

The Closure Order was served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 (the Regulations) on 8 September 2021 for non-compliance with food legislation including inadequate procedures to control pests, failure to keep the premises clean, failure to protect food against contamination, holding foods at unsafe temperatures, lack of adequate hand washing facilities and no evidence of regular hand washing.

Clonmel District Court found that “the premises was run in an unhygienic way and expressed significant concern that Mr Venditti continued to trade in breach of the Closure Order and showed blatant disregard for the function of the FSAI”.

The court imposed the following penalties for three charges, with the remaining six charges regarded as aggravating incidents:

  • Failure to keep the premises clean on 8 September, 2021 in breach of the EC (Hygiene of Foodstuffs) Regulations, 2006. Imprisonment for a term of three months.
  • Failure to comply with a Closure Order on 17 September, 2021. Imprisonment for a term of three months to run consecutively with the sentence imposed above.
  • Failure to comply with a Closure Order on 10 September, 2021. Fine of €500 to be paid within 12 months.

Venditti was also ordered to pay a contribution of €2,500 towards the FSAI’s costs.

During an inspection on 8 September, 2021 as part of a national audit, serious and widespread non-compliance with food legislation was observed on the premises.

An environmental health officer from the Health Service Executive attended the takeaway and said that “the premises was operating under extremely unhygienic and unsafe conditions, which presented a danger to public health”.

Following the inspection, the FSAI served a Closure Order under the Regulations, which Domenico Takeaway failed to comply with.

“The ruling today sends a strong message to food businesses that non-compliance with food safety legislation will not be tolerated under any circumstances,” said Dr Pamela Byrne, Chief Executive, FSAI.

“Consumers have a right to safe food and today’s ruling has a positive outcome for consumers in Ireland.“

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