Rebecca Ironmonger
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Overturning a Hygiene Emergency Prohibition Order

“I have been closed down with a Hygiene Emergency Prohibition Order and I want to overturn it. What do I do?”

5 key steps to take when dealing with a Hygiene Emergency Prohibition Order (‘HEPO’):

  1. Make Notes.  Carefully record exactly what happened in the run up to the service of the HEPN and hearing where the HEPO was made.  In particular, note down what was said and done at the time it was served and what factors contributed to the Magistrates’ decision to grant a HEPO.  It is always a good idea to keep contemporaneous notes and to sign and date them at the time they are made.  This will be invaluable evidence for the application for a certificate and any subsequent appeal.
  2. Time is of the Essence.  When a HEPN is served and HEPO is made by the Magistrates Court, your business is closed down and unable to operate until the Regulator is satisfied that there is no longer an imminent risk of injury to health. The sooner you make changes, the sooner you can get back up and running. The Regulator can take 14 days to make a decision once you apply for a certificate.
  3. Free Half Hour.  Call Roythornes and use your “free half hour”. We are happy to discuss any potential new case. If we can resolve the case for you within 30 minutes, we will not charge any fees. If we believe you need to either take step 4 or 5 we will provide a clear fixed fee for the necessary work and you can take a decision at that time as to whether you wish to instruct us.
  4. Apply for a Certificate.  For a HEPO to cease to have effect you need to make any changes or improvements which contributed to the Regulator’s and the Magistrates’ decision that there was an imminent risk of injury to health and then receive a certificate from the regulator confirming that there is no longer an imminent risk. Either the regulator will serve the same of its own accord, or more commonly, you will need to apply for a certificate.
  5. Appeal.  If the regulator refuses to issue a certificate, then you can appeal the decision to the Magistrates Court within one month of the decision to refuse.

 

To see our "What do I do if…I have been served a Hygiene Emergency Prohibition Notice (HEPN)" blog click here.