Dixy Chicken takeaway on Bradford Street in Walsall town centre was closed by council environmental health officers on 11 August 2021 following the discovery of a widespread and active rat infestation.
Officers served a hygiene emergency prohibition notice on the owners, shutting the business down until work to bring the premises and hygiene practices up to a satisfactory standard was undertaken and the serious risk to public health removed.
This infestation was serious enough for Dudley Magistrates’ Court to consider the alleged offences against the defendant, Murtaza Ali, on Wednesday 24 August 2022.
The magistrates concluded that this was a high culpability matter and Mr Ali was originally given a four month custodial sentence, suspended for 12 months. Mr Ali was also ordered to pay costs of £3,000 within 28 days.
However, the court later advised that there was an issue with sentencing and the case was referred to Wolverhampton Crown Court and heard on 3 October 2022.
At the Crown Court, Recorder District Judge Cierciora handed down a 12 month community order with an electronic curfew for four months (reduced from six months due to credit for guilty plea) between 10pm and 6am. Mr Ali was also ordered to pay £400 costs.
Councillor Garry Perry, Deputy Leader for Resilient Communities said:
“Mr Ali should consider himself a very lucky man as this matter was only just shy of the custody threshold. Personal circumstances put forward in mitigation may well have made a difference.
“Others operating food premises should sit up and take note, because if they operate filthy premises which put people’s health at serious risk, they really could end up in jail. You’ve been warned.”
The judge accepted this matter was aggravated by the defendant’s poor record involving several failed inspections as far back as 2015 and warnings about improvements that were required and ignored.
Dixy Chicken in Bradford Street ceased trading in October 2021.
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