Paddington’s King Tea in court over food safety breaches

A trendy eatery in one of Brisbane’s most up-market suburbs has been fined thousands of dollars after Council inspectors made a “revolting” discovery in its kitchen. SEE THE PICTURES

A photograph of rodent droppings and rodenticide on the floor underneath a dishwasher and adjacent benches in the kitchen area.

A trendy Brisbane eatery has been fined thousands after a “revolting” find of rodent faeces and mould by council.

Livin La Vida Latroba Pty Ltd and general manager Dane Huitfeldt pleaded guilty to Food Act breaches discovered at King Tea Chinese restaurant in Paddington on September 6 2022, in Brisbane Magistrates Court last week.

A Brisbane City Council officer inspected the eatery after Queensland Health received a complaint about rats at the venue, the court heard.

Council prosecutor Amye Fairbairn said the officer observed several breaches of the Food Standards Code in relation to food storage, uncleanliness, maintenance, the rear storage area lacking a ceiling and “most significantly” rodents.

Unidentified waste cardboard, rodent droppings, and other unidentifiable visible matter on the floor underneath a chest freezer.

“There (was) an active risk of food contamination from mould,” she said.

“The most serious risk however, was the presence of the rodent faeces … found in multiple places around the premises, including both in food preparation areas, storage areas and in the dining areas.”

The defendants, who had no prior convictions under the Food Act, pleaded guilty early and Huitfeldt made admissions in an interview with council, she said.

Solicitor Adam Dwyer, of Fisher Dore Lawyers, said his clients were “very embarrassed and remorseful”.

Mr Dwyer said Huitfeldt ran four other food businesses alongside King Tea and had never previously come to the attention of council’s food inspectors before “had an otherwise exemplary business record”.

Rodent rubbings (brown staining) can be seen on the external surfaces of the electrical conduits. This indicates a rodent run.

“This is an aberration and he understands the seriousness of it and that is why he has reacted in the way that he has,” Mr Dwyer said.

“My client today was left in a bad situation because of the negligence and the inability to do the job that he paid someone very well to do.

“Mr Huitfeldt accepts the fact that ultimately it’s his responsibility to ensure compliance and then ultimately, all of this falls within his area of responsibility … but clearly the person that he employed to manage this business had let things go.

“He conducted weekly meetings with his various managers, nothing was ever conveyed to him in relation to the state of this business.”

Mr Dwyer said King Tea had been given a four out of five star rating by council in October 2021.

Mould and other unidentified visible matter on the shelving in the cold room.

The defendants acted quickly to rectify the breaches, the manager was replaced and Huitfeldt now personally visited each business up to five times a week to conduct visual audits, he said.

Private cleaners now visited King Tea weekly and $30,000 was spent installing a new roof.

Livin La Vida Latroba Pty Ltd pleaded guilty to 10 counts of failing to comply with a requirement imposed by a provision of the Food Standards Code in relation to the conduct of a food business.

Huitfeldt pleaded guilty to 10 counts of failing to take all reasonable steps to ensure the corporation complied with an executive liability section of the Food Act. Ten counts against each of the defendants of contravening a condition of licence were dropped by the prosecution and dismissed.

Magistrate Julian Noud said the facts were “quite simply revolting”.

Grease accumulated on the frying baskets and deep fryers in the bar area.

“Eating out at restaurants is a very enjoyable aspect of life. All citizens enjoy no doubt eating out and often do so on special occasions and often at considerable cost,” he said.

“To my mind they must be protected from getting unwell.”

However he noted the defendants had “very good prospects of rehabilitation” and the case had been an “eye opening experience” for Huitfeldt.

“It has changed his behaviours and his methods of operating his businesses,” Mr Noud said.

“The defendant understands the serious consequences of his offending and has importantly taken steps to ensure that at least for him, it doesn’t happen again in the future.

Livin La Vida Latroba Pty Ltd was fined $23,000. Huitfeldt was fined $2,500. No convictions were recorded for either defendant.