Smethwick supermarket gets £20,000 bill after MICE found

The Masala Bazaar, in Cape Hill Retail Centre, appeared at Dudley Magistrates' Court on September 12 charged with failing to protect food from mice and their faeces and for failing to control mouse activity on its premises.

The company, based in Whitchurch, Cardiff, pleaded guilty and was fined £3,150 on each charge and ordered to pay costs of £13,919.89 – a total of £20,219.89.

Mark Jackson, prosecuting on behalf of Sandwell Council, said evidence of mouse activity was found in March 2015 and the company closed voluntarily for five days after which environmental health officers allowed it to re-open. During the closure 19 mice were caught.

The company was told in court it got a higher fine because the evidence was overwhelming and the company could, and should, have, accepted its responsibility and entered its guilty pleas at a much earlier stage in the proceedings.

The judge made clear the firm also had to pay the prosecution costs in full – costs which were greater than they would have been as the company had waited until the morning of the trial to indicate guilty pleas – a delay which had resulted in considerable additional costs for Sandwell Council in preparing the case for trial.

Councillor Preet Gill, cabinet member for public health and protection, said: "I want everyone in Sandwell to know that where there are businesses that fail to meet health and hygiene standards required by law, we will prosecute.

"The judge was very clear in sending a message – trying to avoid responsibility for your actions will only cost more if a case has to be contested in court."

A spokesman from Masala Bazaar Limited, said: "Before this issue, our store held a five star food hygiene rating, the highest rating from the council, and the company was very disappointed that this issue arose. This prosecution relates to one day in March 2015, immediately following its discovery our store voluntarily closed and the issues identified were addressed to the satisfaction of the Council before reopening.

"The company regrets the issue very much and since then has taken further steps to prevent a reoccurrence, including retraining the store team and replacing its previous pest control contractors. While Masala Bazaar accepts responsibility in this case, it is important to recognise that there is a significant issue with fly tipping in the area which has increased the risk of pest activity. We have raised our concerns on this point with both the council and the local MP repeatedly, but have been disappointed with their response."