Valley View Chicken and Seafood owner Xie Tan convicted, fined, placed on bond for gross violations of food safety standards
This takeaway owner has been fined more than a paltry amount over his disgusting poultry – but a magistrate has spared him from a full cooking.
Police & Courts
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The owner of a grossly unhygienic takeaway shop has been given one last chance to clean up his act – despite inspectors finding blood on its floors just before sentencing.
On Wednesday, the Adelaide Magistrates Court convicted Valley View Chicken and Seafood operator Xie Tan of 13 food safety breaches, and fined him $10,800.
However, Magistrate Ben Sale ordered Tan pay half of his penalty immediately, and suspended the rest on condition of a two-year good behaviour bond.
In sentencing, Mr Sale said his “interest” was in “encouraging” Tan to look after the safety of his customers and the general public, despite his “meagre” financial situation.
He said he did not want Tan to “fall foul” of the regulations again.
“He’s trapped in a business that he has spent his parents’ life savings on, in which he works 12 hours a day, seven days a week – the equivalent of two full-time jobs,” he said.
“That business does not always run at a profit, some years it runs at a loss, and he pays himself a salary of only $600 per week.
“As sympathetic as his personal circumstances might be, they should not come at the cost of the safety of the community – and this is not the first time he has breached standards.”
Tan, 34, pleaded guilty to 13 counts of failing to comply with a requirement of the food standards code.
Despite repeated inspections, his store was rife with raw, dripping chicken, broken glass, mouse faeces, cockroaches and equipment “below adequate standards of cleanliness”.
On Wednesday, Martin Neilson, for the council, argued only a significant fine would deter Tan from reoffending, noting he had been given “warning after warning” by inspectors.
He said that, when inspectors attended the shop earlier this week, there was “still blood on the floor”.
Tan’s attitude toward hygiene, he said, had been described by those inspectors as “dismissive” despite their offers to aid him in bringing the shop up to the requisite standard.
Mr Neilson also questioned Tan’s claims of financial hardship, saying financial records showed he had recently spent $11,500 on new deep fryers for the business.
Mr Sale agreed it was concerning Tan had “not been transparent” about his finances, but added “common sense” showed the business’ losses demonstrated its circumstances.
Tan, he said, had come to Australia to study accounting but had only “minimal” support here, as his family still lived in China.
Mr Sale said he would have fined Tan $18,000 if not for his guilty pleas, and ordered him to appear in court for resentencing if he breached his good behaviour bond.
In a statement to the Advertiser, a City of Port Adelaide Enfield spokesperson said they worked with the business over several years to support improvements in food safety and ensure compliance with the Food Act.
“Despite these efforts, ongoing concerns and repeated non-compliance led council to pursue prosecution as a necessary course of action,” the spokesperson said.
“At the last inspection there were further non-compliances but also some improvements and all matters at the last inspection have been addressed.
“We take food safety seriously.
“Where there are serious risks to public health or ongoing non-compliance, council will take appropriate action to protect the community.”
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