An inspection of the in Southend-on-Sea, Borough Council Environmental Health Officers found eight packets of ham well past their use-by date, along with several packs of old strawberry trifle and a superannuated carton of milk.

A second visit followed in April, which uncovered two more out-of-date trifles. In August a routine food safety inspection was carried out, during the inspection it transpired that the owner had still not installed an effective food safety management system.

A prosecution was brought to Southend magistrates court on 5 October. The owner pleaded not guilty as she said she did not intend the food to be sold. The prosecution argued that food not for sale should either be thrown away or put in a place clearly designated for waste food to await collection. Much of the food had been kept in refrigerators for several months – one packet of ham was three months out-of-date – and that it was ‘clearly likely to be sold’.

The owner was found guilty of placing unsafe food on the market and possessing food beyond its use-by date. In addition to her ban she was ordered to pay fines totalling £8,700 along with legal costs of £1,375.

A lead officer involved with the prosecution commented: ‘This case was taken because the huge amounts of unfit food found showed a shocking lack of food safety management. The owner has made very little progress since January with controlling food safety hazards at the business and appears incapable of complying with basic food laws.’

The owner said the council had been ‘unfair’ and that she had not seen the offending food items. She added: ‘Then they said I am guilty, but I wouldn’t sell it like that.

‘I wouldn’t put rotten food on a plate, because people wouldn’t eat it. I have been here a long time and haven’t poisoned anyone yet.’