Mrs Moira Anne Clark, of Lincolnshire based Food 4 Thought GB Ltd, gets four year disqualification for breaching food hygiene regulations.
On 15 July 2016, the Secretary of State accepted a disqualification undertaking from Mrs Clark, effective for four years, from 5 August 2016.
Boston Borough Council’s Environmental Health Department carried out an inspection of the company’s kitchen premises on 4 October 2013, and found 12 breaches of European Food Regulations, including the storage of raw meat on top of cooked meat, dirty equipment and utensils, and mouldy drinking cups.
As a result of the breaches, Boston Borough Council prosecuted the company. At a hearing on 24 March 2014 Mrs Clark pleaded guilty to the breaches, and the company was fined £13,800 plus £4,300 costs.
The resultant adverse publicity meant that the company subsequently lost most of its customers, and entered liquidation on 4 November 2014 owing £209,982 to creditors, resulting in an investigation by the Insolvency Service.
Commenting on the disqualification, Sue Macleod, Chief Investigator at the Insolvency Service, said:
Moira Clark was responsible for breaches of food safety regulations which put the health of school children at risk. Disqualification will help to ensure that there is not a repeat occurrence of this serious failing, and will act as a warning to others.
Notes to editors
Food 4 Thought GB Limited was incorporated on 21 February 2008 and traded from the Broad Street Business Centre, 10 Broad Street, Spalding, Lincolnshire PE11 1TB. Moira Anne Clark was appointed as a director between 22 February 2012 and 04 November 2014, the date of liquidation.
Moira Anne Clark agreed to a disqualification undertaking for four years commencing from 5 August 2016. Food 4 Thought GB Limited failed to comply with Regulation (EC) No 852/2004, which is contrary to Regulation 17 (1) of the Food Hygiene (England) Regulations 2006 made under Section 2 (2) of the European Communities Act 1972.
All public enquiries concerning the affairs of the company should be made to: The Official Receiver, Public Interest Unit, 2nd Floor, 3 Piccadilly Place, London Road, Manchester, M1 3BN. Tel: 0161 234 8531 Email: email@example.com.
A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:
- act as a director of a company
- take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
- be a receiver of a company’s property
In addition that person cannot act as an insolvency practitioner and there are many other restrictions are placed on disqualified directors by other regulations.
Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings. Further information on director disqualifications and restrictions can be found here.
The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency authorises and regulates the insolvency profession, deals with disqualification of directors in corporate failures, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.
Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.
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Published: 7 September 2016
From: The Insolvency Service