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A DINER at a St Helier restaurant had to be rushed to hospital after suffering an allergic reaction when she was served a dish containing nuts – despite assurances that the meal was nut-free.
The owners of Upstairs at Anley Street were fined £3,000 in the Magistrate’s Court yesterday after admitting breaching the Island’s food safety laws.
The customer had made staff aware of her severe nut allergy and was repeatedly assured that there were no nut ingredients in the meal she had chosen, the court heard.
After taking a bite of the meal, which contained cashew nuts, the diner started to have an anaphylactic shock and was rushed to hospital where she stayed for four hours.
Upstairs at Anley Street is owned by Jersey-based company Kiwi Bean.
Its restaurant manager Claire Quigley represented the firm in court yesterday.
The company admitted the charge of ‘selling food which was not of the nature demanded by the purchaser’, contrary to Jersey’s food safety laws.
Advocate Luke Sette, prosecuting, told the court that the customer had visited the restaurant on 17 February and requested a nut-free dish because of her allergy.
She was told that only one dish on the menu contained nuts and it was not the one she had chosen.
He said: ‘The customer reminded the waitress of her nut allergy, and was again reassured that there were no nuts in her choice.
‘But she began to experience swelling and symptoms consistent with an allergic reaction. It transpired that there were in fact nuts in her meal.
‘She was taken to [the] accident and emergency [department] in a distressed state.’
The woman was admitted to hospital at 9.40pm and spent four hours there before being allowed home with a friend.
‘She was advised there could be a secondary reaction,’ Advocate Sette said. ‘She was distressed and has suffered panic attacks and anxiety as a result.’
Environmental health officers who visited the restaurant were told ‘human error’ was to blame.
Advocate Mike Preston, defending, pointed out that Upstairs at Anley Street was a popular and successful restaurant run by experienced staff, and said: ‘It has done remarkably well in the toughest of economic times, and has become a valuable addition to the restaurant scene in Jersey. There has never been a contamination issue in this restaurant.
‘Hardly a day goes by when Ms Quigley doesn’t think about this problem. She was always conscious of the need to keep her customers safe and she is even more conscious now. The chances of this happening again have been minimised almost to the point of zero.’
Imposing the fine, Assistant Magistrate Peter Harris said he was taking into account an early guilty plea and the firm’s co-operation with the investigation.
He told Ms Quigley: ‘I accept that you are mortified by what happened. I have no doubt a lesson has been learnt.’
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