Request
Your request was about the following information:
I am writing to seek clarification and clear guidelines regarding the health and safety procedures that lead to the closure of food businesses. Our intent is to gain a comprehensive understanding of the established criteria and processes in place, as it appears that there may be inconsistencies in the enforcement of these regulations.
We have made diligent efforts to comprehend the rules governing the closure of food businesses due to health and safety concerns. However, it has come to our attention that there might be a lack of explicit and consistent guidelines for such closures. Inconsistencies have been observed in the timing of inspections and closures, and it is crucial for us, as business owners, to have a clear understanding of the criteria that dictate these actions.
In practice, we have noticed variations in the response time and frequency of visits by health and safety officers from the council. Some businesses seem to receive inspections and closures more promptly compared to others, even if they hold the same standard rating. It is essential for us to comprehend if there is a standardized approach that ensures impartiality and consistency in these procedures. Moreover, we have observed significant differences in standards between regions, primarily due to variations in inspectors. This leaves a substantial margin for inspectors to exercise their personal opinions and potentially be susceptible to influence or bribery. Additionally, certain inspectors have been seen to refer businesses to specific agencies, creating concerns about potential conflicts of interest.
Could you please provide us with detailed and unambiguous guidelines that dictate the process of health and safety inspections leading to the closure of food businesses in Scotland? Having a clear understanding of these guidelines will assist us in ensuring compliance and making informed decisions.
Response
Guidance to Local Authorities (LA), including advice on the use of enforcement powers is available at Food Law Code of Practice (Scotland) | Food Standards Scotland | Food Standards Scotland
