Owner of rat-infested store fined thousands after council prosecution

Muthu Kumaravelu, the sole director of India Bazzar (PVT) Ltd, 103 Broad Street, pleaded guilty to six breaches of food hygiene regulations at Swindon Magistrates Court on Friday (14 Feb).

The prosecution was brought against Mr Kumaravelu after his business was closed down for six weeks in November 2023 as environmental health inspectors from Swindon Borough Council discovered a severe rat infestation.

Prior to the closure order being granted, magistrates were told how one of the Council’s Environmental Health team described it as the worst rat infestation she had seen in her 24-year career.

Council officers visited the store on 2 November 2023 when it was open and serving customers and immediately noticed large quantities of rat droppings on the floor, and on shelving. Large quantities of food items, including ready-to-eat foods such as biscuits, pastries, salt and peanuts had also been gnawed by the rodents.

A bag of flour was found on display, which was stained with rat urine. There were smear marks seen all over the walls and on food packaging. There was a strong musty smell of rat urine in the shop which was described by the food hygiene officer as “overpowering” with gnawed electrical cables above shelving units

There was also evidence of gnawed bags of food being taped over and placed back on the shelves for sale. As there were clear signs of an infestation, officers served a Hygiene Emergency Prohibition Notice immediately closing the business.

The court heard how there was no pest control contract in place and that Mr Kumaravelu was self-treating the infestation with grain bait and bait blocks placed in white bowls around the shop. He informed council officers he was blocking holes in walls and doors with fishing net which he acknowledged was ineffective as the rats were gnawing around it.

After undertaking follow-up visits, inspectors were not content that issues had been remedied and the shop remained closed until magistrates granted a Hygiene Emergency Prohibition Order on 28 November 2023 after being presented with the evidence from the inspections. The application made by the Council was not contested by Mr Kumaravelu.

On 11th December 2023 following improvements made by Mr Kumaravelu, council officers allowed the business to reopen.

During the investigation, Mr Kumaravelu, under caution, denied there was an active infestation, stating there were only a few packages that were damaged and only four to five items found by officers. He also blamed staff for not disposing of gnawed food and for taping up products.

Simon Kiely, prosecuting for Swindon Borough Council, said: “It took six weeks and several visits for the property to be ready to re-open with the same advice given over and over.

“It is clear that Mr Kumaravelu, both on his own behalf and on behalf of the business, was clearly and evidently aware of the extensive rat infestation at the premises on and prior to 2 November 2023, but had failed to take sufficient steps to address the infestation until the prosecuting authority’s intervention.”

John Bishop, representing India Bazzar (PVT) Ltd and Mr Kumaravelu, told the court that a lack of funds were at the root of the problem and that his client had gone to considerable lengths to remedy the issues, adding that he had learned a very hard lesson.

Magistrates fined Mr Kumaravelu £20,000 and also ordered him to pay full prosecution costs of £6,479, as well as a victim surcharge of £2,000. His business was fined £500, plus a victim surcharge of £200. Resulting in a total amount owing to the Court of £29,179.

Following the hearing, Councillor Jim Grant, Swindon Borough Council’s Cabinet Member for Communities and Partnerships, said: “Our Environmental Health Officers found appalling conditions at this premises, as confirmed by the court, and took decisive action to protect the health of Swindon residents.

“We are pleased the court imposed such a significant sentence. I hope it sends a strong message that food hygiene needs to be taken extremely seriously.

“Food business operators should ensure their premises are protected from the impact of pests at all times, as infestations can quickly escalate, and present significant risks to both their customers and their business.”