Details
- Conviction number:
- 364
- Trade name of food business:
- Now and Then Cafe
- Address of premises where offence(s) occurred:
- 204 High Street, KEW VIC 3101
- Name of convicted person(s) or company:
- Now and Then Holdings Pty Ltd
- Relationship of convicted person(s) or company:
- Proprietor
- Date of conviction:
- 23 May 2024
- Court:
- Melbourne Magistrates Court
- Court decision:
- Guilty with conviction
- Sentence and/or order imposed:
- With conviction, fined $30,000 as part of an aggregate order, with costs of $168.62
- Prosecution brought by or for:
- Boroondara City
- Description of offence(s):
Food Act section 16(1) – on 21 August 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 7(1)(b)(i) – did fail, when processing food, to take all necessary steps to prevent the likelihood of food being contaminated
- Standard 3.2.2, clause 17(1)(b)(i) – did fail to maintain at or near each hand wash facility, a supply of warm running water
- 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
- 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 3(d) – did fail to ensure the design and construction of food premises, to the extent that is practicable: excludes dirt, dust, fumes, smoke and other contaminants; does not permit the entry of pests; and does not provide harbourage for pests
- Standard 3.2.3, clause 12(2) – did fail to ensure fixtures and fittings be designed, constructed, located and installed, and equipment be designed, constructed, located and, if necessary, installed, so that: there is no likelihood that they will cause food contamination; they are able to be effectively cleaned; adjacent floors, walls, ceilings and other surfaces are able to be easily and effectively cleaned; and to the extent that is practicable, they do not provide harbourage for pests
Reviewed 19 July 2024