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Banoful Restaurant & Sweets and Function Centre

Name of convicted
Abdul Alim (as a director of Georges Spice (Surry Hills) Pty Ltd)
Trade name
Banoful Restaurant & Sweets and Function Centre
Council area
City of Canterbury Bankstown
Date of decision
Court
Local Court of NSW, Downing Centre
Prosecution brought by or for
City of Canterbury Bankstown Council
Address at which offence was committed

49 Railway Parade 
Lakemba NSW 2195

Date of offence

Offences 1 – 11 for period 2019-03-05 to 2019-03-07
Offences 12 – 20 for 2019-07-18
 

Nature and circumstances of offence

Between the dates of 5 to 7 March 2019, the defendant committed executive liability offences under section 122, for breaches under section 21(1) of the Food Act 2003, for failing to comply with the Food Standards Code, namely:

  1. Food Safety Standard 3.2.2 Clause 24(1), fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises. Cockroach activity and accumulation of cockroach excreta, live and dead cockroaches were observed inside the fridges, the kitchen door, and the floor.
  2. Food Safety Standard 3.2.2 Clause 19(1) & (2), fail to maintain premises and fixtures, fittings and equipment to a standard of cleanliness where there is no accumulation of garbage, food waste, dirt, grease and other visible matter. Accumulation of garbage, food waste, dirt, grease, and pest excrement were observed on the floor, the cooking equipment, walls, and the mechanical ventilation hood.
  3. Food Safety Standard 3.2.3 Clause 10(2)(a)(b), fail to design the floors of the premises in a manner so that it can be easily and effectively cleaned, and is unable to absorb grease, food particles or water. The kitchen floor was unable to be easily and effectively cleaned and had accumulation of grease, food waste and other visible matter.
  4. Food Safety Standard 3.2.3 Clause 3(a), fail to design and construct the premises appropriate for the activities being conducted. The garage was being used as a garbage room and food storage.
  5. Food Safety Standard 3.2.3 Clause 14(1)(a), Fail to install hand washing facilities that are located where they can be easily accessed by food handlers within areas where food handlers work if their hands are likely to be a source of contamination. The premises had no dedicated hand washing facilities in the food handling area.
  6. Food Safety Standard 3.2.2 Clause 22(a), fail to have a temperature measuring device that is readily accessible where potentially hazardous foods are being handled.
  7. Food Safety Standard 3.2.2 Clause 21(1), fail to maintain the premises and fixtures, fittings and equipment in a good state of repair and working order. The under-bench fridge was in poor condition. The fridge door seal was held with sticky tape. Shelving was observed worn. A naan bread pillow was in poor condition allowing harbourage of bacteria.
  8. Food Safety Standard 3.2.2 Clause 20(1), fail to maintain eating and drinking utensils and food contact surfaces of equipment in a clean and sanitary condition. No dishwasher was found in the premises. Food handlers were unable to demonstrate how to use sanitiser solution to kill micro-organisms. Equipment was stored in areas where pests could contaminate equipment and utensils.
  9. Food Safety Standard 3.2.2 Clause 6(1), fail to store food in such a way so that it is protected from the likelihood of contamination. Food was being stored in areas such as a garage that can be contaminated from pests. Food packaging was open and uncovered. Cooked food and fresh produce were stored uncovered in the cool room.
  10. Food Safety Standard 3.2.2 Clause 23(b)(i), fail to take all practicable measures to prevent single use items from the likelihood of contamination. Takeaway containers were contaminated with rodent droppings and other visible matter.
  11. Between the dates of 6 to 7 March 2019, the defendant was convicted of the following executive liability offences under section 122, for a breach under section 64 of the Food Act 2003, for failing to comply with a prohibition order.

On 18 July 2019, the defendant committed executive liability offences under section 122, for breaches under section 21(1) of the Food Act 2003, for failing to comply with the Food Standards Code, namely:

  1. Food Safety Standard 3.2.2 Clause 24(1), fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises. Pest droppings were found on top of dried lentils, on the kitchen shelving and bench, the microwave, the kitchen door frame and in the garage. Live and dead cockroaches were found in the fridge door frame. There was no pest-proofing on the premises.
  2. Food Safety Standard 3.2.2 Clause 19(1)(2), fail to maintain premises and fixtures, fittings and equipment to a standard of cleanliness where there is no accumulation of garbage, food waste, dirt, grease and other visible matter. Accumulation of garbage, food waste, dirt, grease and pest excrement were found throughout the kitchen area. Rotten visible matter was observed inside the food containers. Food waste accumulation was observed on the kitchen bench shelf and the bench fridge cabinet.
  3. Food Safety Standard 3.2.3 Clause 10(2)(a)(b), fail to design the floors of the premises in a manner so that it can be easily and effectively cleaned, and is unable to absorb grease, food particles or water. The floors throughout the premises were in an unclean and unsanitary condition. Accumulation of grease, food waste and other visible matter was observed on the floor of the cool room and on the floor beneath the cooking equipment.
  4. Food Safety Standard 3.2.3 Clause 3(a), fail to design and construct the premises appropriate for the activities being conducted. The garage was being used to store food where a garbage bin was located.
  5. Food Safety Standard 3.2.2 Clause 21(1), fail to maintain the premises and fixtures, fittings and equipment in a good state of repair and working order having regard to their use. The fridge door seal was held with sticky tape. The fridge door was rusted.
  6. Food Safety Standard 3.2.2 Clause 20(1), fail to maintain eating and drinking utensils and food contact surfaces of equipment in a clean and sanitary condition. Mouldy chopping board was being used for food preparation. The fridge shelving storing cooking utensils and food containers storing cooked food were in an unclean and unhygienic condition. 
  7. Food Safety Standard 3.2.2 Clause 6(1), fail to store food in such a way so that it is protected from the likelihood of contamination. Cooked and raw food was being stored in uncovered containers. 
  8. Food Safety Standard 3.2.2 Clause 22(a), fail to have a temperature measuring device that is readily accessible where potentially hazardous foods are being handled.
  9. Food Safety Standard 3.2.2 Clause 23(b)(i), fail to take all practicable measures to prevent single use items from the likelihood of contamination. Takeaway containers were stored in open cardboard boxes, allowing contamination from pests. Used single-use plastic hand glove was not discarded.
Decision details

Offence number and penalty awarded:

  1. $1,000
  2. $1,000
  3. $500
  4. $500
  5. $500
  6. $500
  7. $1,000
  8. $500
  9. $1,000
  10. $500
  11. $1,000
  12. $2,000
  13. $2,000
  14. $1,000
  15. $1,000
  16. $1,000
  17. $1,000
  18. $2,000
  19. $1,000
  20. $2,000

Total penalty: $21,000
Professional costs: $4,279

 

Usual place of business

49 Railway Parade 
Lakemba NSW 2195