Prosecuted for peanut allergy breach

Eleanor Lincoln ate the takeaway, a chicken tikka masala, at home as part of a family birthday celebration. But very quickly she went into anaphylactic shock and had to be treated by her mum with adrenalin via an Epi pen before being taken to hospital by ambulance.

Doctors at the Royal Victoria Infirmary had to administer Miss Lincoln, who was struggling to breathe, with steroids. She was kept in hospital overnight for observation but discharged the next day.

Newcastle City Council’s Environmental Health Team launched an investigation.

They found that when the order was made in March 2021, during lockdown in the pandemic, the family specifically asked for no peanuts, but staff missed the crucial information.

Peanut and almond protein were found in the meal.

The Team charged the food business operator, Samir Najeeb, of Khan’s Restaurant, Heaton Road, Newcastle, with two breaches, one under the Food Safety and Hygiene Regulations and one under the Food Safety Act. He pleaded not guilty to both charges but was found guilty of the Food Hygiene Regulations charge. The charge under the Food Safety Act was dismissed by the court.

He was fined £450 with £3,000 in costs at Newcastle Magistrates Court.

Cabinet member for a Dynamic City, Cllr Irim Ali, who has responsibility for regulation, said: “People have died from food allergies and contaminated food from takeaways and restaurants.

“I can’t emphasise enough the seriousness of this case. Thankfully Eleanor is fit and well now.

“The case highlights the need for very strict management of food orders and great care needed when serving food. There is no room for complacency or error.

“The public must be confident that businesses are safe and take no risk with their safety. We are committed to supporting businesses with training and help but will hold those to account that put lives at risk.”

Miss Lincoln has fully recovered from her ordeal and is now at university.

The case highlights the importance of food establishments having robust food safety management systems in place and staff being trained in allergen management.

It also underlines the importance of understanding customer requests for allergen free meals, the general importance of allergen awareness to food operators and customers.

An estimated 1-2% of adults and 5-8% of children in the UK have a food allergy which is around 2 million people.

Nut allergies affect approximately 1 in 50 children and around 1 in 200 adults in the UK.

The council’s Food Safety Team regularly respond to various allergen incidences received from members of the public. They provide ongoing business support with general allergen advice Allergen control | Newcastle City Council and allergen labelling requirements Food standards | Newcastle City Council 

In September 2021, a joint health promotion programme was undertaken with both Newcastle and Northumbria Universities and North East Ambulance Service, aimed at new students coming to live in the city and visiting the city’s many and varied food establishments Takeaway lovers urged to be more allergy aware | Newcastle City Council