What powers does an inspector have to serve an improvement notice or prohibition notice?
Sections 18 to 26 of the Health and Safety at Work etc. Act set out the enforcement powers available to a Health and Safety Executive (‘HSE’) or local authority inspector (‘Inspector’). Sections 21 and 22 give an Inspector the authority to serve an improvement or prohibition notice (‘Notice’).
What is a Hygiene Emergency Prohibition Notice?
The Food Safety and Hygiene (England) Regulations 2013 (‘the 2013 Regulations’) set out various enforcement powers available to Food Standards Agency or local authority enforcement officers (‘Officer’).
Regulation 8 gives an Officer the authority to serve a Hygiene Emergency Prohibition Notice (‘Notice’) on a Food Business Operator to address hygiene concerns that pose an imminent risk of injury to public health. The Notice is a serious and draconian step which prohibits certain operations of a food business; it can be tailored to a particular process or, as is often the case, may mean the immediate closure of the premises.