A former Mulgrave food business operator has been convicted and fined $55,500 after being found guilty of a total of 21 charges under the Food Act 1984, with the operator's obstructive and abusive behaviour towards Council officers captured on their body cameras.
Thi Hai Duong Luong, the director of The Carers Portland Inc that operated HCM Café Fresh Q Lunch, pleaded not guilty to 12 charges, including one for operating a food premises not registered with Council, eight for failing to comply with provisions in the Food Standards Code, and three relating to obstructing and abusing officers.
The Carers Portland Inc also pleaded not guilty to nine food-related offences.
The business was started without the required Council registration in late-2022. Despite directions and numerous inspections from officers, the operator continued to ignore Council's advice and kept preparing and selling food.
As a result of various food safety breaches that posed a risk to the community, Council issued a formal closure order directing the operator to cease preparing food for sale and to cease trading from the premises.
Despite this closure order, the business remained operational. This aggravated offending resulted in several officers visiting the premises in March 2023, utilising their legislative powers to seize all food and various pieces of equipment.
While carrying out these duties, the operator obstructed and abused officers, resulting in police being called for assistance. The seizure and the proprietor's actions were captured clearly on Council officers' body camera footage.
After a three-day hearing at Ringwood Magistrates' Court this month, Magistrate Meagan Keogh convicted and fined the operator $55,500 and awarded costs of more than $28,000 to Council.
In delivering her findings, Magistrate Keogh stated the "overwhelming evidence" against the business operator showed a blatant disregard for the law, a lack of remorse, an unwillingness to accept responsibility, and appalling behaviour towards officers. She emphasised that the court would not tolerate such behaviour in the community.
Magistrate Keogh was complimentary towards Council's Environmental Health Officers, highlighting their professionalism and the calm nature in which they undertook their duties. She noted the officers provided the operator with clear and unambiguous advice and made many attempts to assist in a polite and professional manner.
Monash Mayor Cr Paul Klisaris said: "This result reflects the diligent work undertaken by Council's Environmental Health Officers and I thank them for their efforts under duress.
"The safety of our community is a top priority. Food safety is critical and when compromised, it is our community that is at risk."
The business, which was located at 700 Springvale Road, Mulgrave, is no longer operating.
