The Food Safety Authority of Ireland (FSAI) today announced the outcome of High Court proceedings. In an application to the High Court, on the 28^th November, the FSAI sought to enforce the closure of a Dublin food business following the owner’s refusal to comply with a closure order.

The FSAI welcomed the decision by Mr. Justice Kearns to make an Order directing the closure of a takeaway known as ‘Papa Sorrento’, Barry Avenue, Finglas, Dublin 11 and to prevent Mr. Lefter Hoxha and Mr. Georgios Alex Baklesis or any person having notice of the Order from continuing the operation of a food business at that premises.   

The Court ordered Mr. Lefter Hoxha and Mr. Georgios Alex Baklesis to pay the costs of the application and granted them liberty to apply to court in the event that matters are rectified.

This legal ruling was a consequence of a chain of events which started in March this year. Environmental Health Officers inspected the premises and noted that conditions were a risk to public health and so served an improvement notice under the FSAI Act 1998. Most such notices are complied with promptly by food businesses. This food business did not comply, and so to compel compliance the EHOs obtained an improvement order from the District Court, ordering the premises to comply. The food business did not comply with this Court order, and as a result a closure order was served by EHOs under the FSAI Act 1998.

The most common cause for serving a closure order under the FSAI Act is if the conditions in a food premises present a ‘grave and immediate danger to public health’. However, closure orders can also be served for non-compliance with an improvement order, which occurred in this case, as the takeaway continued to operate without complying with the improvement order. The takeaway continued to operate despite the serving of the closure order, leading to the High Court application yesterday.  The FSAI Act 1998 specifies that where a closure order has been served and activities are carried on in contravention of that order, the High Court may make an order prohibiting the continuance of the activities and order the closure of the premises.

Professor Alan Reilly, Chief Executive of the FSAI stated: “This is the first time that a breach of a closure order that was served because of non-compliance with an improvement order, has led to High Court action. We are pleased the High Court upheld the use of a closure order in these circumstances to protect public health while the food business carries out the required improvements.”

He continued: “Most of the 50,000 food businesses operating in Ireland comply with food safety legislation and cooperate with the FSAI and the food safety inspectors. However, for the few who continue to ignore their legal responsibility to comply with food safety and hygiene regulations, this High Court decision should serve as a warning that non-compliance with enforcement orders will not be tolerated.”