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Jasmin 1 Lebanese Restaurant

Name of convicted
Jasmin 1 Pty Ltd
Trade name
Jasmin 1 Lebanese Restaurant
Council area
Cumberland Council
Date of decision
Court
Local Court of NSW, Parramatta
Prosecution brought by or for
Cumberland City Council 
Address at which offence was committed

22 Civic Road
Auburn NSW 2144

Date of offence

2021-02-03

Nature and circumstances of offence

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

  1. Food Safety Standard 3.2.3 Clause 11(3), fail to ensure that walls and ceilings provided are sealed to prevent the entry of dirt, dust and pests, to absorb grease, food particles or water; and are able to be easily and effectively cleaned.
  2. Food Safety Standard 3.2.2 Clause 21, fail to maintain food premises and all fixtures, fittings and equipment, having regard to their use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, in a good state of repair and working order having regard to their use.
  3. Food Safety Standard 3.2.3 Clause 4(1), fail to have an adequate supply of water if water is to be used at the food premises for any of the activities conducted on the food premises.
  4. Food Safety Standard 3.2.2 Clause 6(1), fail to store the food in such a way that it is protected from the likelihood of contamination.
  5. Food Safety Standard 3.2.2 Clause 6(2), fail to store potentially hazardous food under temperature control.
  6. Food Safety Standard 3.2. 3 Clause 3, fail to ensure that the design and construction of food premises is appropriate for the activities for which the premises are used namely; provide adequate space for the activities to be conducted on the food premises and for the fixtures, fittings and equipment used for those activities; permit the food premises to be effectively cleaned and, if necessary, sanitised; and to the extent that is practicable – exclude dirt, dust, fumes, smoke and other contaminants; not permit the entry of pests; and not provide harbourage for pests.
  7. Food Safety Standard 3.2.2 Clause 19(2), fail to maintain fixtures, fittings and equipment to the required standard of cleanliness. The noodle manufacturing equipment, packaging equipment, shelving and food storage containers contained accumulated food waste and other visible matter.
  8. Food Safety Standard 3.2.2 Clause 20(1), fail to ensure the following equipment is in a clean and sanitary condition in the circumstances set out below – eating and drinking utensils - immediately before each use; and the food contact surfaces of equipment - whenever food that will come into contact with the surface is likely to be contaminated.
  9. Food Safety Standard 3.2.2 Clause 19(1), fail to maintain food premises to the required standard of cleanliness. The floor areas throughout the facility contained accumulated food waste, dirt, dust and other visible matter.
Decision

Offences 1-4 & 6-9: Guilty, conviction recorded
Offence 5: Guilty, conviction recorded but no fine imposed, under Section 10A of the Crimes (Sentencing Procedure) Act 1999

Penalty

Offence 1: $300
Offence 2: $1,000
Offence 3: $700
Offence 4: $500
Offence 5: Section 10A
Offence 6: $300
Offence 7: $1,000
Offence 8: $300
Offence 9: $1,000

Total penalty: $5,100
Professional costs: NIL

Decision details

No weblink available

Usual place of business

22 Civic Road
Auburn NSW 2144