OWNERS of a York pub have strongly criticised City of York Council after it tried to prosecute them for food hygiene offences - then offered no evidence in court.

Wentsford Pubs Ltd claimed the authority’s decision to prosecute over alleged contraventions at the Flag & Whistle in Huntington Road was ‘misguided, disproportionate and unfair.’ But a senior official insisted the authority had had sufficient evidence to prosecute and said the firm had paid prosecution costs.

The case was listed for trial at York Magistrates Court yesterday, with Wentsford accused of ‘contravening/failing to comply with EU provision concerning food safety and hygiene,’ contrary to regulations of the Food Safety and Hygiene Regulations 2013.

A spokeswoman for Wentsford said it was pleased the council decided not to proceed with the prosecution and instead deal with the matter by way of a caution.

“Indeed, had the council sought a conviction, the company would have strenuously defended its position, as it considers the decision to prosecute misguided, disproportionate and unfair.”

It added that it hoped a line would be ‘drawn in the sand’ and the company could work more harmoniously with the authority in future.

Matt Boxall, head of public protection at the council, said it had been working with the Flag and Whistle pub since June 2015 to ensure it complied with food hygiene legislation.

York Press:

“While we had sufficient evidence to proceed with a prosecution, in the spirit of working with the business and now its willingness to accept that its practices fell below what they should be, it was agreed that the council caution Wentsford and that the firm pays prosecution costs of £1,250 which the company has accepted.

“Food hygiene procedures are to protect customers and our inspections are to inform and advise businesses.”