THE £55,000 fine imposed on former soccer international Michael Lawlor yesterday for breaches of food hygiene regulations is believed to be the largest ever in such a case.
"Normally fines are nominal, ranging from £50 to about £600. This kind of fine is unheard of," said Mr Brian McManus, secretary of the Environmental Health Officers Association.
Fines in such cases are decided by the judge, who can charge the proprietor up to £1,000 for each infringement of the regulations. While the number of infringements, at more than 50, was high in Mr Lawlor's case so, too, was the fine on each offence.
Last year a Gal way restaurant was fined £300 for breaching three sections of the food hygiene regulations, while in 1993 a Dublin fish bar owner was fined just £1,700 for 26 breaches.
"It all depends on how the proprietor approaches the judge and what mitigating circumstances there are," said Mr McManus. Another possible factor, he said, was the number of consumers who might be affected by the breach of regulations.
"If anything goes wrong at a premises which is serving a large number of people, like at a major sporting event, the consequences could be very great," he said.
The standard procedure in the prosecution of food outlets begins with a letter to the proprietor outlining changes that must be made to meet the regulations. If that letter is ignored a formal notice is issued, setting out the specific infringements and a time for their rectification.
At the final stage a summons is issued, although even now a court case may be avoided if improvements are noted in a pre court inspection.
Most cases are settled without a court hearing, and the outcome of those which do appear in court can greatly depend on the proprietor's response to the letter and formal notice. Many restaurant owners work closely with environmental health officers. As well as receiving advice from officers, they can avail of food hygiene courses run by the health boards.
The number of spot checks carried out depends on the kind of premises and the proprietor's past record. Restaurants and hotel kitchens are usually inspected four times a year, while corner shops or delicatessens are checked just once or twice. Premises known to have had problems in the past, or about which the public complains, are checked as often as once a month.
In the case of sporting fixtures or other public events, environmental health officers usually target the major venues. An officer would be present at Lansdowne Road and Croke Park for most matches, said Mr McManus, although because of a pay dispute with the Department of Health new outlets were not being checked.
According to Mr Ray Parle, chairman of the environmental health officers group of Impact, this has resulted in rogue food sellers resuming trading, knowing they will not be prosecuted.
"About three or four years ago a lot of cowboys were driven off the streets because they knew they had to meet certain standards and would be charged if they didn't. But now they are coming back because they know they can get away with it," he said.
The work to rule dispute, which has been going on since last January, has resulted in health officers refusing to inspect any new premises or enforce any legislation passed after 1981, when the last pay review took place.
According to Mr Parle, the number of food outlets at sporting events and concerts had dropped from about 50 to 15 over recent years but was now on the rise again.
"Our members have returned to a nine to five working situation with the result that a lot of these major events are not being inspected. It is very frustrating for people involved in food hygiene," he said.
The only new outlets being inspected by officers are those where a serious breach of the hygiene regulations has been reported.
In a statement, the Minister for Health said negotiations to end the dispute were continuing and he was hopeful of a mutually satisfactory outcome soon.
About 220 environmental health officers are employed by health boards nationwide. According to Mr McManus this is about the same as in Northern Ireland.
He said additional staff would be necessary as a major new EU food hygiene directive was being introduced this year. "We are already stretched with the current regulations," he said.
Public awareness of food poisoning has been heightened by a number of recent scares, including an outbreak of E coli in Scotland, which resulted in the deaths of 16 pensioners. The butcher at the centre of the case appeared in court yesterday facing a charge of culpable and reckless conduct. Mr John Barr (51) was released on bail.
More than 400 people were reported as suffering food poisoning in the case.
Earlier this week there was an outbreak of salmonella at the Mayo General Hospital in Castlebar, where at least 20 food poisoning cases were confirmed by the Western Health Board.