David Dooley and his two businesses – director of Coffee on the Lake Ltd, which operates Caffe Cream, and WWR Projects Ltd, which operates the ice cream manufacturing unit called ‘The Doo Group’ – faced a total of 11 charges for contraventions of food safety and hygiene regulations.
The case presented Wirral Magistrates Court revealed had been a history of poor compliance in relation to the control of pests the premises of the Doo Group since 2017.
The manufacturer produced 36 different flavours of ice cream and supplied a chain of cafes in Wirral and a restaurant in Liverpool.
An investigation in April 2023 identified a risk of food contamination and that there wasn’t adequate procedures in place to control pests, with mouse droppings evident throughout the premises.
Hygiene inspections
Wirral Council’s inquiry into the health and safety of The Doo Group followed separate investigation into Dooley’s other business, Coffee on the Lake Ltd in March 2023.
In the case of Caffe Cream of New Brighton, evidence of mouse droppings were found at various locations throughout the food business, including inside a box with ice cream cones.
Environmental Health Officers also identified a defect with the main entrance door at the café where the frame had a gap large enough to allow pests, such as mice, into the building.
The business was awarded a hygiene rating of zero (urgent improvement necessary). A second visit in July 2023 found that while some improvements had been made, there was still evidence of mouse droppings and that detailed cleaning was still required.
The District Judge hearing the case agreed that the conditions found at both companies, for which the director had control, put them in the highest category of potential harm – the conditions could have resulted in a serious, adverse effect on people, including people who are vulnerable, with the potential of widespread impact.
‘Wilful blindness’
Due to the ongoing failings of both companies, they were also held to have high culpability, with the District Judge concluding that the director had shown ‘wilful blindness’.
Coffee on the Lake Ltd, the defendant company for Caffe Cream of New Brighton, was fined £28,000, ordered to pay costs of more than £17,000 and a victim surcharge of £2,000.
WWR Projects Ltd, the defendant company of the ‘Doo Group’, was fined £30,000, ordered to pay costs of more than £16,000 and a victim surcharge of £2,000. David Dooley was fined £2,800 plus a victim surcharge of £1,120.
Meanwhile, sandwich maker Bread Spread Ltd has been ordered to pay almost £47k for repeated hygiene failures at its Southall factory.
