A Beckenham restaurant has successfully appealed a mouth-watering fine for breaches of the WA Food Act in the Supreme Court.
In March, Beckenham Fish N Treat owners Radianct Holdings Australia were fined more than $100,000, plus court costs, for five breaches of the WA Food Act after City of Gosnells inspectors came knocking on August 15, 2021.
The fish and burger specialists were found to have breached regulations in relation to food storage, food processing, cleanliness of the premises and equipment and maintenance of fixtures, fittings and equipment.
However, owner Kim Ong felt compelled to appeal the decision, and two weeks ago he was successful in having the fine reduced by a staggering $80,000, to just $20,000, with no additional costs.
While admitting the WA Food Act breaches were fair, he said the fine was simply over the top.
“These were minor breaches, the fine was over the top, too heavy,” he said.
“There was nothing wrong with the food or the storage of food, there were just some things that were dirty.
“I breached the act, but I followed up everything after the inspection and they still fined me.”
Mr Ong said he had lost customers over the conviction, and hoped his successful appeal would convince customers to come back.
“My business has been very quiet, down by about 90 per cent, I still have a lot of customers who never come back.
“I feel with this (appeal) customers may come back again, $100,000 seems very serious but I think the appeal shows it is not as serious as that.
The City of Gosnells were represented at the appeal, but were not a party to it.
“The owner was appealing the size of the fine imposed by the Magistrate rather than the conviction itself,” Gosnells chief executive Ian Cowie said.
“The city is satisfied that the revised penalty imposed by the Supreme Court reflects the seriousness of the offences for which the business was convicted.”
