Cannabis grower, Fester, banned from running food business

A POLISH crab processor has been banned from running a food business after flouting hygiene laws.

Following an investigation by Cornwall Council Jacek Fester, aged 39 and of Station Road, Pool, was found guilty of three offences under the Food and Hygiene (England) Regulations 2006 while running a factory in April and May 2012.

After a trial at Truro Magistrates' Court he was ordered to pay costs of £1,500 and a fine of £165.

Fester, who denied all the charges, was found guilty of operating the business, Mr Lobster, at Newlyn, without the required approval from Cornwall Council, obstructing an environmental health officer from viewing the upper floors during a visit in May 2012, and of not supplying hot water to hand-washing basins, contrary to advice given by Cornwall Council during his operation of two similar businesses in 2008 and 2009.

Chairman of the bench Angela Haslam told him: "The evidence from professional witnesses was credible. They supported the original observation of the site and their previous dealings with you. Your evidence was not credible."

Defending himself, through a translator, Fester claimed his son Allan was the owner.

"My son really wanted to open it up so I was just helping him," he said. "I said I would help him set it up because I know about the business."

Ms Haslam told him: "Your suggestion that your son was owner was not plausible, especially as he was not called to support the assertion.

"We are satisfied Mr Fester had the day-to-day control of the premises.

"Beyond reasonable doubt Mr Fester is guilty of these three offences."

Nick Kelly, Cornwall Council's commercial food and safety manager, said the case proved the importance of consulting his team before setting up such a business, adding: "In this case no notification was received and the consequences were very severe for the food business operator."

Fester was forced to close a third crab factory within a month of opening in April 2012 following visits by environmental health officers, who seized more than 100kg of crab meat.

The magistrates also heard that at Truro Crown Court last December Fester received a nine-month prison sentence, suspended for two years, for being concerned in the production of cannabis, after 35 plants worth up to £20,000 were discovered at his factory in May of that year.

http://www.thisiscornwall.co.uk 13/06/2013