Enforcement action Click to get info
In some circumstances, and when officers think it’s necessary, they can take enforcement action to protect the public. This is done by serving a notice.
It's a criminal offence not to comply with a notice. In serious cases we can prosecute. If a prosecution is successful, the court can impose a fine. In cases where there is a history of serious non-compliance, we can apply to the court for the operator of the food business to be banned from operating.
There are three main types of notice:
hygiene improvement notice or food labelling improvement notice
hygiene emergency prohibition notice
remedial action notice
Hygiene improvement notice or food labelling improvement notice
This notice contains:
- the grounds for failure to comply with a relevant provision of food law
- the matters which constitute the failure to comply
- the measures (or equivalent measures) the recipient is required to take
Hygiene emergency prohibition notice
This notice is served where the officer has identified an imminent risk to public health.
It results in the business having to close and then we would apply to the court for a hygiene emergency prohibition order.
Remedial action notice
This notice is used, when necessary, in relation to approved premises.
How to appeal a decision Click to get info
If you don't agree with the decision, you have two options:
- submit an appeal - if you think your hygiene rating is wrong because it doesn't reflect the hygiene standards found at the time of your inspection
- submit a right to reply - if you’ve improved hygiene standards since your inspection, or if there were unusual circumstances at the time of the inspection and you want to explain this to your customers
You can either send an email or letter, or you can download and complete the Appeal form under FHRS forms (below).
Your appeal must be made to us, in writing, within 14 days (including weekends and bank holiday) of being given your rating.
To submit a right to reply
You can either send an email or letter or complete the Right to Reply form under FHRS forms (below).
We will publish your comments alongside your rating. It will be available to view on the Food Standards Agency website.
FHRS forms Click to get info
- Food Hygiene Rating Scheme: 'Right to reply' form for food businesses (219KB Word file)
- Food Hygiene Rating Scheme: Appeal form for food businesses (220KB Word file)
- Food Hygiene Rating Scheme: Request for a re-visit form (222KB Word file)
Please return the forms via email to email@example.com or post to:
Food Safety Team
Sycamore House, Town Hall Complex
Forest Road, Walthamstow