Court issues fine after restaurant serves woman with nut allergy macarons

A restaurant owner has been fined after a woman collapsed while suffering a severe reaction to nuts, despite making front of house staff aware of her allergy.

Haute Dolci restaurant, in Ellesmere Port, Cheshire was ordered to pay £3,635 after owner HD Coliseum pleaded guilty to breaching the Food Safety Act at Chester Magistrates’ Court.

The court heard that in September 2020 Amy Taylor had visited the restaurant and informed her server that she had a nut allergy, asking if the dishes she planned to order contained nuts or were prepared in the proximity of nuts. She was told the food was nut-free but was then served macarons.

After eating the food she suffered breathing problems and collapsed while making her way back to her car.

HD Coliseum was fined £2,000 and told to pay £945 in court costs and a £190 victim surcharge. In addition £500 compensation must be paid to to Amy Taylor within 28 days.

The company told the court the server had received a formal written warning and that all staff have been retrained. All allergen issues must now be raised with the management immediately.

Cheshire West and Chester Council cabinet member for environment, highways and strategic transport, Cllr Karen Shore said: “This business put its customers at risk and it was extremely fortunate that the Amy did not suffer more serious consequences.

“All food businesses have a duty to serve food that is safe and should they fail it is totally unacceptable and the council has a duty to protect the health of the general public. In this case, officers discovered the business had fallen short of the standards required regarding allergens and posed a significant risk to the public.

“Food businesses that do not comply with the regulations and put the general public at risk will not be tolerated.”

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