Ellesmere Port restaurant, Haute Dolci, has been ordered to pay £3,635 after a customer with a nut allergy suffered a severe reaction after being served macarons.
At Chester Magistrates Court, Haute Dolci owners, HD Coliseum Ltd, pleaded guilty to breaching the Food Safety Act.
The prosecution was brought by Cheshire West and Chester Council, and the court heard how on 11 September 2020, Amy Taylor, who had been diagnosed with a nut allergy earlier that year, had gone to Haute Dolci, located on the Coliseum Shopping Park, with her husband and daughter.
Having made it clear to the waitress that she had a nut allergy, Amy asked if the food she was interested in ordering contained nuts and was prepared away from any nuts. The waitress confirmed the food was nut-free.
After starting to eat the food, Amy suffered a severe allergic reaction with a tight chest and breathing problems. She collapsed on her way back to their car.
The incident was reported to the Council and an investigation was undertaken.
HD Coliseum Ltd was fined £2,000, plus £945 court costs and a £190 victim surcharge.
In addition, a total of £500 compensation must be paid by the company to Amy Taylor within 28 days.
The company confirmed that the waitress has received a formal written warning and all staff have been retrained. All allergen issues must now be raised with the management immediately.
The Council’s Deputy Leader and Cabinet Member for Environment, Highways and Strategic Transport, Councillor Karen Shore said, “This business put its customers at risk and it was extremely fortunate that the Amy did not suffer more serious consequences.
“All food businesses have a duty to serve food that is safe and should they fail it is totally unacceptable and the Council has a duty to protect the health of the general public. In this case, officers discovered the business had fallen short of the standards required regarding allergens and posed a significant risk to the public.
“Food businesses that do not comply with the regulations and put the general public at risk will not be tolerated. Thankfully the majority of business operating in Cheshire West and Chester operate to a high level of compliance.
“Officers within our Regulatory Services team work proactively to help business owners comply with legislation and meet hygiene standards and food safety.”
Cheshire West and Chester Council operate a paid-for advisory service for all food businesses called the ‘GET5’ scheme. For more information see the Council’s website