Wolverhampton city centre cockroach diner owner spared jail - plus video of insect infestation
A former fast food boss has been spared jail after his Wolverhampton restaurant and takeaway was found to be swarming with cockroaches.
Cockroaches were also found in open containers of jalapeños and evidence of the insects was seen in cheese during inspections by environmental officers in January.
So bad was the infestation that cockroach traps put out by inspectors were full within 10 minutes.
Mohammed Rafiq, aged 40, of Deansfield Road, Eastfields, Wolverhampton appeared before the city's crown court yesterday having admitted charges of failing to comply with food safety regulations and obstructing environmental health officials in their duty.
His crime was seen so serious it had been sent from Wolverhampton Magistrates Court as justices believed they did not have sufficient powers to sentence him adequately.
Rafiq had been warned he could face up to two years in jail but ended up with a six month sentence suspended for two years plus 140 hours of unpaid work.
The court was told that a there had been a previous cockroach infestation at Express Diner in 2012, but no further action was taken after he agreed to a temporary closure.
Mr Adam Sheen, prosecuting, read through the catalogue of details discovered by Wolverhampton City Council food inspectors at the takeaway.
Mr Sheen said: "Live adult cockroaches were seen in the lobby, on the floor and in the kitchen. They were seen in the day which was unusual as they are nocturnal animals - this suggests there were high levels of infestation.
"Inspectors saw them in jalapeños and evidence of them in cheese containers.
"There were a number of traps put out and within 10 minutes they were full."
Mr Sheen said that throughout January numerous inspections were carried out.
A visit on January 30 saw there were no longer any cockroaches but just days later on February 3 more cockroaches were seen by environmental inspectors.
Mr Sheen added: "Staff were told not to leave the lights on in an attempt to draw out the cockroaches but 2pm on the same afternoon an inspector saw the lights on."
Rafiq had been given traps to eradicate the problem but on February 13 they were discovered concealed in paper bags.
"The kitchen utensils and fried chicken had been left out which attracts cockroaches," Mr Sheen said.
See also: Walsall curry house owner avoids prison over 'worst' mice infestation.
It was also revealed that Rafiq was convicted in December last year for failing to ensure the safety of occupants at flats above Express Diner. He was fined £1,200.
Rafiq, who works as a taxi driver, also told probation officers that members of the public would not be affected by the cockroaches as they 'only came out at night'.
Mr Mohammed Ramzan, defending, said: "This matter should have been dealt with and Mr Rafiq tells me that the workers at the takeaway did what they felt.
"He would go in and out of the place and didn't have much control over its running.
"He made admissions to environmental officers and voluntarily shut the business down."
Sentencing Rafiq, Judge John Warner said: "You were told to leave the traps alone but they were found in paper bags. You were convicted in December 2013 for offences relating to the residential part of the premises.
See also: Rat-infested takeaway closed down for clean up.
"It shows that you are prepared to make money out of a situation where there are dangers and risk to people."
A hearing will take place on October 7 at the crown court to decide what costs Rafiq will pay.
Speaking after the sentencing Councillor John Reynolds, Wolverhampton City Council's city services chief, said: "Neither the city council or the public we serve will stand for law-breaking of this kind.
"Mr Rafiq was offered the support and advice of our environmental health specialists on a number of occasions to help him put things right. Instead, he tampered with evidence and obstructed our investigation at every opportunity.
"We have a robust system in place to assess and review premises that serve food across the city and we also act directly on information from concerned members of the public. In very rare and serious cases, like this one, we will use the full powers available to us to bring offenders to book and protect the public.
"Local people can be reassured by the fact that the vast majority of city centre food outlets have four star (good) to five star (excellent) food hygiene and safety ratings.
"They can also be reassured by the fact that Mr Rafiq is no longer running his business as a result of the action we have taken."
