Cha Cha Char restaurant fined for food safety breaches

Swarms of live cockroaches have been found inside one of Eagle Street’s swankest restaurants, popular for boozy long lunches with Brisbane’s rich and famous.

Both dead and live cockroaches were found in the venue.

SWARMS of live cockroaches have been found inside one of Eagle Street’s swankiest restaurants, popular for boozy long lunches with the Brisbane’s rich and famous.

Cha Cha Char restaurant has been an institution for Brisbane elite since the early 1990s after rumour has it Kerry Packer approached award-winning restaurateur John Kilroy and asked him to open the establishment just for him.

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But on Monday, Kilroy faced the Brisbane Magistrates Court for a number of food safety breaches at the top-notch establishment.

He pleaded guilty as the director of the restaurant’s parent company, Boutique Venues Pty Ltd, to five charges of failing to comply with the food standards code.

The company was fined $20,000 and Kilroy was slapped with an individual penalty of $2500.

Brisbane City Council lawyer Mark Thomas told the court a food and safety audit held in October 2017 had found multiple cockroaches scattered in the restaurant’s kitchen and dining areas.

The interior of upmarket Brisbane steakhouse Cha Cha Char

“Both live and dead cockroaches were found, including some dead cockroaches in the dining area, and also multiple live cockroaches near a hole in the back door and under preparation benches,” Mr Thomas told the court.

Mr Thomas said holes in the ceiling and at the back door also provided an entry point for cockroaches and other pests to enter the restaurant.

Kilroy’s defence lawyer Peter Hackett told the court this was Kilroy’s first prosecution in over 40 years in the food industry.

“Mr Kilroy is 66 and has been in this industry since he was about 20,” Mr Hackett told the court.

“He has owned restaurants for 32 years and he has never previously had a prosecution against him.

“His record is impeccable.”

John Kilroy leaves Brisbane Magistrates Court. Picture: Liam Kidston

In his defence, Mr Hackett referenced a previous case where a fish and chip shop owner paid a significantly reduced fine for Food Act breaches.

Magistrate Judith Daley rubbished precedent saying an “an award-winning” and “successful businessman” like Kilroy could not be compared to a fish and chip shop owner.

“The prosecutor said in the fish and chip shop case that a high fine would make her bankrupt,” she said.

“It appears your client is a very successful businessman who owns multiple restaurants.

“I don’t think you can compare the financial circumstances. They’re different.”

During sentencing, Ms Daley said she accepted Kilroy was a nationally acclaimed and “experienced restaurateur” who has since employed a former food and safety officer to minimise further food breaches.

Both dead and live cockroaches were found in the venue.

Yet she said the presence of dead and live cockroaches was a serious complaint.

“People should be able to go to restaurants with the understanding that everyone is complying with the food standards,” Ms Daley said.

In a statement released through Boutique Venues, Kilroy said he was shocked and disappointed when advised his company had been found in breach of food safety by-laws.

“After more than 40 years running more than a dozen restaurants and food business, this has never happened before and I had always taken great pride in my impeccable record,” he said.

“Anyone who knows me or has been a guest of one of my venues knows that quality and service are our highest priorities.

“Therefore, this came as a shock and an extreme disappointment.”

Kilroy said many of the issues had stemmed from being based in an ageing building which required maintenance and improved pest control in external areas.

“I’ve worked with our landlord to rectify issues that impacted our tenancy and I’ve employed a former food health inspector to do regular spot checks to ensure the new procedures and protocols are working.

“We also carry out weekly pest control treatments. But at the end of the day, the buck stops with me.

“I take full responsibility and have spent more than a year transforming staff, practices and procedures at our venues to ensure this never happens again including investing and installing in a highly sophisticated state-of-the art technology that provides daily photographic reports.”

Mr Kilroy said Brisbane City Council inspectors had returned to the venue and found no further issues.

He has opened a number of restaurants all of which have been highly successful, winning several state and national awards.

Originally published as Cha Cha Char restaurant fined for food safety breaches