A Lurgan filling station has been fined more than £1,000 for having put “unsafe food” up for sale.
Mr Magowan – the owner of Mace Filling Station on the Portadown Road – appeared before Craigavon Magistrates Departmental Court facing charges of placing unsafe food on the market, having failed to comply with food hygiene regulations, for keeping food that was likely to support the growth of pathogenic micro-organisms or the formation of toxics, failing to put in place, implement and maintain a permanent procedure or procedures based on the Hazard Analysis and Critical Control Point principles, providing inadequate training and failing to comply with 2006 EC Food regulations.
The dates of the offences were identified as being between December 1, 2020 and June 3, 2025.
One June 3, the store had placed three packets of Pinkerton Bacon, one packet of Galtee Ham and one BBQ Chicken Wrap out for sale that were unsafe.
On the same date it was also stated that the store had kept sandwiches wraps and coleslaw at a temperature above 8 degrees Celsius and that it was likely this would support the growth of pathogenic micro-organisms or the formation of toxics.
The company was also accused on the same date of keeping cooked hot dogs displayed for sale at a temperature below 63 degrees Celsius.
A representative from ABC Council explained that remedial checks had been completed since the date of offending and that there was “marked improvement”.
They noted that while there were a “number of things that weren’t adhered to” overall the business had managed to bring its hygiene report up from a one to a four.
District Judge Michael Ranaghan said: “It is positive to a large degree”, however, he asked the defendant whether a sink could be moved into the food preparation area to enhance food hygiene?
Magowan indicated that it could be. However, while he was addressing the court Judge Ranaghan interjected, “Someone behind is shaking his head. I don’t know who that is. You say you can do the sink?”
Magowan resumed explaining that he could and the judge once again said, “can you stop shaking your head, please” to the person responsible.
The defendant informed the court that he was “just back off holidays” but he could have that remedied.
The court heard that the business has traded for “30 odd years”, currently employs 12 people and that it has only commenced working with food in the last three to four years.
Judge Ranaghan asked: “Do you now understand the importance of all these food hygiene things and why they are there?”
Magowan indicated that he did and informed the court that the business is trading well.
Said Judge Ranaghan: “Obviously, I am looking at maximum fines, I’ll not be going there as there is no record that I am aware of and you have taken steps as per the deferral to fix the more major problems.”
Speaking in his defence, Magowan added: “All I can say is, we are getting into different hygiene for food and one thing or another and I have been trading for so many years and I’ve never been in court for anything for fines or anything like that.”
“What I don’t want to do is harm the business,” said Judge Ranaghan. “Especially if it employs a lot of people but again the court has a duty to protect the public and these offences could have interfered with the public.”
The filling station was issued with a higher £300 fine for the first offence of having placed unsafe food on the market. All other offences were marked with a £150 fine.
A summons fee of £30, offenders levy of £15 and counsel costs of £200 were also imposed.
As the defendant was a business no additional time was granted to pay.
Judge Ranaghan noted: “It’s a thriving business, I hope and you should be able to pay those fines within four weeks.”
Welcoming the prosecution, a spokesperson for ABC Council said: “This case outlines the serious consequences for businesses failing to comply with their responsibilities under food hygiene regulations.
“Our team of Environmental Health Officers carry out regular inspections of all food businesses to ensure consumers are protected at all times.”
They added: “We aim to work with businesses providing guidance and support, but when and where we find failings, we will take appropriate action which may include prosecution and court-imposed fines.”
ABC Council’s Environmental Health Department Food Team helps to protect consumers by; investigating complaints; carrying out inspections and awarding food hygiene ratings, sampling and testing foods; providing advice and support to businesses.
Anyone operating a food business must be registered with by the Environmental Health Department. Consumers can check food hygiene ratings of food businesses by visiting www.food.gov.uk
For further information and advice on food safety – please visit https://www.armaghbanbridgecraigavon.gov.uk/business/food-safety/
