Allan Rich Seafoods Ltd & Anor, R (on the application of) v West Lindsey District Council & Anor [2010] EWHC 1232 (Admin) (17 May 2010)

Allan Rich Seafoods Ltd & Anor, R (on the application of) v West Lindsey District Council & Anor [2010] EWHC 1232 (Admin) (17 May 2010)

Approval under the relevant food hygiene regulations is required for the food business operator, not just the premises. There was no evidence that Allan Rich Seafoods Limited was ever granted approval or permitted to use previous approval numbers. The Council acted lawfully and fairly in certifying the lack of approval and seeking condemnation. Legitimate expectation and estoppel do not override statutory requirements. The proceedings before the Justices were fair.

Citation
[2010] EWHC 1232 (Admin)
Parties
Claimant: Allan Rich Seafoods Limited; Claimant: Roland Saldanha; First Defendant: West Lindsey District Council; Second Defendant: Lincoln Magistrates' Court
Jurisdiction
England and Wales
Judgment Date
17 May 2010
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Judicial Review, Food Safety, Regulatory Approval, Legitimate Expectation, Estoppel
Administrative Law Food Law Public Law Judicial Review Food Safety Regulatory Approval Legitimate Expectation Estoppel

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Parties

Allan Rich Seafoods Limited

Claimant

Roland Saldanha

Claimant

West Lindsey District Council

First Defendant

Lincoln Magistrates' Court

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council was entitled to certify that the claimant was not approved under food hygiene regulations
  2. 2 Whether the Council was precluded from certifying by estoppel or unfairness
  3. 3 Whether the proceedings before the Justices were unfair

Ratio Decidendi

Approval under the relevant food hygiene regulations is required for the food business operator, not just the premises. There was no evidence that Allan Rich Seafoods Limited was ever granted approval or permitted to use previous approval numbers. The Council acted lawfully and fairly in certifying the lack of approval and seeking condemnation. Legitimate expectation and estoppel do not override statutory requirements. The proceedings before the Justices were fair.

Court Disposition

Application dismissed

Orders

  • Claimants to pay the costs of the first defendant, subject to detailed assessment
  • Claimants to pay £25,000 on account of costs within 28 days