A successful ice cream factory based in Kirklees which was shut down by environmental health inspectors on Sunday had been operating without the necessary approval a court heard.
On Monday representatives of the council arrived at Kirklees Magistrates’ Court and asked for permission to have them destroyed.
Zakir Shaikh, 56, who owns the business, appeared in court to hear David Stickley, for the council, apply for the condemnation notice.
Mr Stickley said Mr Shaikh had been running an approved premises for a number of years. However, the court heard that he moved premises without informing the council so “he was not subject to the normal regulatory scheme.”
Mr Stickley added: “Effectively what we are saying is that because the premises are not approved no-one can be sure that food is fit for human consumption. Food has not been tested. He (Shaikh) is working with the council to make application for the business to be approved.”
Mohammed Arif, representing Shaikh, said: “Mr Shaikh clearly accepts that he should have had the premises licenced. In 2001 he set up initially at Belle Vue Street and there was no issue at all.
“About 10 years ago he moved to the current premises. He assumed that the licence would be sufficient for his current premises. Clearly that’s not the case. He would have to go through new procedures with Kirklees Council to have those premises approved.”
He said that during the 16 or 17 years of him running the business there “have been no issues and no-one has fallen ill.”
He added that the business was a successful one and enjoyed a turnover of £60,000 to £70,000 a year combined with a healthy profit.
However, he admitted that when inspectors turned up at the premises over the weekend they “could have been cleaner.”
Chairman of the bench Wayne Perriman made an order for the condemnation of the food and told Mr Shaikh he would have to pay £400 to the council for its disposal.
He said: “We commend you for liaising with Kirklees and we wish you luck with that.”