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Lotus Garden Chinese Restaurant

Name of convicted
Lotus Garden Pty Ltd
Trade name
Lotus Garden Chinese Restaurant
Council area
Northern Beaches Council
Date of decision
Local Court of NSW, Manly
Prosecution brought by or for
Northern Beaches Council
Address at which offence was committed

Shop 2-3, 25 Ralston Avenue

Date of offence


Nature and circumstances of offence

The defendant was convicted of the following offences for breaches under section 21(1) of the Food Act 2003, for failing to comply with Food Safety Standard 3.2.2 of the Food Standards Code, namely:

  1. Clause 6(1) fail to store food in such a way that it is protected from the likelihood of contamination. Broth was left out uncovered overnight under a bench that was not clean, food was stored in non-food grade bags, food was uncovered in refrigerator and freezers, raw meat stored above ready to eat foods, poor stock rotation and out of date food.
  2. Clause 19(2) fail to maintain fixtures, fittings and equipment, having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease, or other visible matter. The meat-slicing machine, cooking equipment, bench can opener and utensils, contained accumulated food waste and other visible matter.
  3. Clause 20(1)(b) fail to maintain the food contact surfaces of equipment in a clean and sanitary condition, whenever food that will come into contact with the surface is likely to be contaminated. The meat slicing machine, cooking equipment, bench can opener, utensils, bowls, colanders and blender, contained accumulated food waste and other visible matter and unsanitised.
  4. Clause 21(1) fail to maintain fixtures, fittings and equipment in a good state of repair and working order having regard to their use. The rice cooker, refrigerator shelves, kitchen shelves, blender, colanders, meat slicer machine, benches in kitchen and refrigerator door seals were all found to be in poor condition and working order.
  5. Clause 22 fail to maintain a readily accessible and accurate temperature-measuring device for potentially hazardous food that it handles. The business was unable to provide a temperature-measuring device accurate to measure potentially hazardous foods to +/- 1°C.

Penalty: $500 per offence
Total penalty: $2,500
Professional costs: $6,389.83

Decision details

No web link available

Usual place of business

Shop 2-3, 25 Ralston Avenue