Details
- Conviction number:
- 373
- Trade name of food business:
- Bay View Bar & Grill
- Address of premises where offence(s) occurred:
- Shop 2, 6-8 Eastern Beach Road, Geelong Vic 3220
- Name of convicted person(s) or company:
- Geelong Waterfront Seafood & Grill Restaurant Pty Ltd; Tao Mu; and Zengping Mu
- Relationship of convicted person(s) or company:
- Proprietors; and Director
- Date of conviction:
- 06 Oct 2024
- Court:
- Geelong Magistrates Court
- Court decision:
- Guilty with conviction
- Sentence and/or order imposed:
- With conviction fined $20,000 as part of an aggregate order; with costs of $19,539; With conviction fined $10,000 as part of an aggregate order; with costs of $24,218; and With conviction fined $8,000 as part of an aggregate order.
- Prosecution brought by or for:
- Greater Geelong City
- Description of offence(s):
Food Act section 11(1) – between 22 November 2022 to 16 July 2024 did handle food intended for sale in a manner that will render, or is likely to render, the food unsafe.
Food Act section 16(1) – between 22 November 2022 and 16 July 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 6(1)(a) – did fail, when storing food, to store the food in such a way that it is protected from the likelihood of contamination
- Standard 3.2.2, clause 6(2)(a) – did fail, when storing potentially hazardous food, to store it under temperature control
- Standard 3.2.2, clause 17(1)(d)(i) – did fail to provide, at or near each hand washing facility single use towels or other means of effectively drying hands that are not likely to transfer pathogenic microorganisms to the hands.
Food Act section 16(1) – between 22 November 2023 and 8 May 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 17(1)(a) – did fail to maintain easily accessible hand washing facilities
- Standard 3.2.2, clause 19(1) – did fail to maintain food premises to a standard of cleanliness where there is no accumulation of garbage, except in garbage containers; recycled matter, except in containers; food waste; dirt; grease; or other visible matter
- Standard 3.2.2, clause 19(2) – did fail to maintain all fixtures, fittings and equipment, having regard to its use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, to a standard of cleanliness where there is no accumulation of food waste; dirt; grease; or other visible matter
- Standard 3.2.2, clause 21(1) – did fail to maintain food premises and all fixtures, fittings and equipment, having regard to their use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, in a good state of repair and working order having regard to their use
- Standard 3.2.2, clause 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises
- Standard 3.2.3, clause 11(2) – did fail to ensure walls and ceilings be provided where they are necessary to protect food from contamination.
Food Act section 16(1) – between 22 November 2023 and 16 July 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 3(1)(a) – did fail to ensure that persons undertaking or supervising food handling operations have skills in food safety and food hygiene matters commensurate with their work activities
- Standard 3.2.2, clause 3(1)(b) – did fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and food hygiene matters commensurate with their work activities
- Standard 3.2.2, clause 17(1)(c) – did fail to ensure hand washing facilities are only used for the washing of hands, arms and face.
Food Act section 16(1) – on 22 November 2023 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 20(1)(b) – did fail to ensure food contact surfaces of equipment are in a clean and sanitary condition whenever the food that will come into contact with the surface is likely to be contaminated.
Food Act section 19(7) – between 28 November 2023 and 16 July 2024 did contravene an order made under section 19.
Food Act section 35A(1) – between 1 January 2024 and 8 August 2024 did allow a food business to operate from a food premises that is not registered with the registration authority.
Reviewed 15 January 2025