Takeaway owner fined for selling curry 'contaminated' with peanuts

Saiful Islam, 47, of Peel Square, Bradford, who runs the Spice Lounge in Church Street, Norton, pleaded guilty to the charge. Two additional similar charges were withdrawn by the prosecution.

The magistrates accepted the incident was mostly a result of miscommunication.

Scarborough Magistrates Court heard yesterday that two undercover trading standards authority staff went into the premises on February 13 and, after attempted clarification with waiter Mr Gazi about whether the dish contained peanuts, were served a chicken passanda containing 59g of them.

The menu had clearly stated that the dish 'contains nuts', although it did not specify they were peanuts. It also requested anyone with specific nut allergies to approach a member of staff.

In mitigation, barrister Jeremy Barton said that due to staffing issues that day, Islam was acting as chef with his friend Mr Gazi acting as waiter.

Mr Barton added that his client was a man of "impeccable character" who had worked in the industry most of his life and never had any issues with trading standards before.

Sentencing, the magistrate Philip Catterall said: "We accept there was a breakdown in communication between Mr Islam and the waiter. We also accept that if he himself had been asked for a dish without peanuts, he would have produced one. But the waiter should have known.”

The magistrate said he had to impose the fine mindful of the potential harm that could have come about. In addition to the fine, Mr Islam was asked to pay a £750 contribution to prosecution costs and a £68 surcharge.

Since the incident, Islam has clarified the menus in the restaurant and put up posters to offer more information to customers.

North Yorkshire trading standards bosses carried out test purchases at restaurants after the death of allergy sufferer Paul Wilson, 31, in the Helperby area in January 2014. The council said last year that as many as one in four meals across the county could be contaminated.