Brierley Hill takeaway's future in doubt after two emergency hygiene closures in six months

Dudley Council served a hygiene emergency prohibition notice against Burger 'N' Grill on February 16 after evidence of a rat infestation was found.

Prosecutor Mrs Saima Ahmed-Aziz told the town's magistrates' court officers from the authority arrived at the takeaway in Brierley Hill High Street after receiving a complaint alleging pest activity inside and outside the shop.

"Rat droppings were found in in the serving area and the kitchen," she said.

By the time the hearing to request the takeaway pay prosecution costs of £976.04 was heard in Dudley Magistrates' Court on Tuesday, the shop had enjoyed three clear days without any evidence of droppings, allowing bosses to reopen and trade again.

Director Kuldip Bains told the court she had pest-proofed the premises and a pest control expert brought in laid traps around the takeaway on the day the business was temporarily closed by the council, but no evidence of they had been inside.

"There's no access for pests to get in apart from the front door," she said.

Ms Bains also said there had been an ongoing issue with neighbours, mainly those living in flats above, regarding rubbish being dumped out the back. At one point she claimed the business had to pay £230 for Dudley Council to remove a load of waste.

She also told the court people had posted on Facebook about the emergency hygiene-enforced closures, claiming they had "totally ruined the shop" and detailing how recent takings had plummeted.

"I can't afford to pay the staff or myself," she added in a bid to reduce the amount her business needed to pay in costs. "I don't know how to pay the staff this week."

However, the prosecution said aggravating factors going against Burger 'N' Grill were that fact the inspection was carried out due to a complaint from a member of the public, and that another hygiene emergency prohibition notice was served against the takeaway in August last year.

Deputy District Judge Simon Blakebrough said the application for costs was a reasonable one, prompting Ms Bains to say she would have to seek legal action to "dissolve the company, there's no way I can pay, even £100 a month would be impossible".

Nevertheless, the judge ordered the business to pay £500 towards prosecution costs.

"I hope in the future you can sort it out and become successful again," he added.