Food Business Owner Fixing a Zero Food Hygiene Rating To The Door

Zero Food Hygiene Rating: Legal Notices Served – A Cautionary Tale

An ounce of prevention is worth a pound of cure

Most people think of this quote in terms of healthcare or personal wellbeing, but it has much wider relevance.

As someone who’s spent decades helping food businesses avoid and recover from crisis, I see the truth of this every day—especially when a business receives a zero food hygiene rating.  In this post I explain why prevention matters, and what to do if your business ever gets a food rating of zero.

Table of Contents

Zero Hygiene Rating - Receiving A Crisis Call

I recently answered the phone to someone acting on behalf of a Turkish food business owner who had just received a zero food hygiene rating. Their immediate concern was to arrange Level 2 food safety training for staff, believing this would satisfy the health inspector.

However, based on my experience as an EHO, I know that a zero hygiene rating is not going to be down to staff training alone. It usually signals deeper, systemic issues. So, I began by asking a few key questions and requested to see the Environmental Health Officer’s (EHO) report. It’s important to tailor advice to the actual problem—not just offer a generic solution.

Before any documents were sent over, I asked the business owner whether formal enforcement action had been taken or whether the health inspector had mentioned the risk of prosecution. He laughed —insisting that, because he’d known the inspectors for years, prosecution was not on the cards. 

This is a common misunderstanding. A good relationship with the EHO does not mean enforcement action won’t be taken if standards aren’t met. 

Role of An EHO

The belief that “the EHO is my friend” is something I hear repeatedly.

And as part of my EHO training, we were introduced to the role of the Environmental Health Officer with this Latin phrase “Amicus Humani Generis” meaning “Friend of the Human Race.”  This saying is used on the coat of arms of The Chartered Institute of Environmental Health, my professional body.

The reality is that the EHO is not your friend.  Health officers, food inspectors, EHOs – they are given powers similar to Customs and Excise. When things go wrong (which they will), the EHO’s job is to enforce the law using the tools of their trade—and they will use them.  So if standards slip in your business that put customers at risk, you will feel a change in the EHO’s friendly demeanour immediately.

Hygiene Improvement Notices

As I looked at the paperwork in this case, it was clear the situation was more serious than the owner realised. He’d been asked to agree to voluntary closure, yet he didn’t seem to understand the implications of receiving a zero food hygiene rating, or voluntary closure.

In addition, two Hygiene Improvement Notices had been served – which he did not understand. This wasn’t a routine slap on the wrist – or an informal warning. The council officer had used their enforcement powers after identifying that an imminent risk to public health existed.

Hygiene Emergency Prohibition Notice Or Voluntary Closure

When can the EHO shut your business down?

Where there is an imminent risk of injury to health, the law allows EHOs to act quickly to protect public health. The officer can issue a Hygiene Emergency Prohibition Notice (HEPN), forcing a business to close immediately where the health risk condition exists. The classic example is a pest infestation or severe structural issues.

In this case, the officer had offered voluntary closure as an alternative to the formal service of a HEPN. Although this spared the business owner the embarrassment of a closure notice fixed to the front door of the premises, the underlying problem was just as serious. And the legal consequences were just as real.

It's important to understand a few key points about voluntary closure

🔷It must be confirmed in writing. The agreement should state clearly that the business will not re-open until the officer gives permission to do so.

🔷You cannot claim compensation. By agreeing to voluntary closure, as the business owner you are giving up any right to claim against the council for financial losses resulting from the closure.

🔷It doesn’t prevent further legal action. Voluntary closure does not rule out prosecution or further enforcement if food safety laws have been broken.

The Cost of A Zero Food Hygiene Rating

New sentencing guidelines issued in February 2016 have substantially increased fines for breaches of food hygiene legislation. There is no longer a £20,000 maximum fine for offences tried in a Magistrates Court. Fines are now unlimited.

In April 2021, Tesco was fined a record £7.56 million after admitting 22 breaches of the Food Safety and Hygiene Regulations by selling out of date food. 

For a business with a 0 hygiene rating, the financial and reputational risks are significant— even if you think your case is minor.

A takeaway, Mr Parmo in Newport, recently awarded a zero food hygiene rating has been reported by the South Wales Argus to have closed down following their poor score.  

Being awarded a dreaded zero hygiene rating can happen to any business, despite size, or prestige.  In September 2016, Wales online announced that one of Wales’ best hotels, the four-star Vale Resort, was given a zero food hygiene rating.  Action was taken quickly to put things right.

When Legal Notices Are Served

In the case of the business with a zero hygiene rating that requested training, it was clear that the owner had no idea of the seriousness of his situation — or that Hygiene Improvement Notices had been served. I explained:

“These aren’t just informal warnings. You’ve been served two legal notices. If you don’t comply by the deadline, the council can prosecute you’’.

If I had just sold him training as requested, this would have wasted his time and money—while the real problem (and legal risk) went unaddressed. My advice was blunt:

‘’Forget about the training for now. You need to tackle the first notice immediately, because the EHO will be back soon. If things aren’t sorted, prosecution is likely to be on the cards’’.

Why Had Food Hygiene Standards Slipped?

I wanted to understand how a business that previously scored 4s and 5s could end up here – with a 0 star hygiene rating.

So I asked the owner, “How do you think things got this bad?”

He explained that he’d recently gone back to his home country for a week and suggested that’s when things went wrong.

But as I explained, you don’t go from “good” to “crisis” in just one week away. There had to be more to it.  It’s important to get to the root cause, and address those factors if you are going to successfully address putting things right.

A Zero Hygiene Rating - Uncovering & Addressing The Root Cause

So I asked the business owner about the situation leading up to receiving the zero hygiene rating. He admitted that his health hadn’t been great over the last year. 

I gently suggested that perhaps, as his health declined, he’d been less able to make regular visits to the shop—and with less supervision, staff had effectively been given free rein. Perhaps with no-one watching, they had started cutting corners?

He paused, thought about it, and agreed: “Yes, I think that’s what happened. I just haven’t been around as much, and without me there, standards slipped.”

At this point, I was very clear with him:

“If you don’t get this sorted, and if your staff don’t pull together, it’s not just you who stands to lose. You could lose your business—your livelihood, everything you’ve worked for, what your family depends on. And your staff? They’ll lose their jobs too. No one wins if this carries on. But you do have a chance to put it right, if you act now and everyone pulls their weight.”

Sometimes, it takes hearing the truth even if uncomfortable.  This business owner needed to realise what is at stake—only then can the situation be turned around.

Prevention Beats Cure Every Time

So what does this mean for your business?  Well, it’s easy to put off small, preventative steps — especially when life gets busy and other priorities get in the way.

But the fallout from neglecting your food safety management can be huge. Recovery will always take more time, effort, and money than the alternative —which is to simply keep things on track in the first place.

Most crisis situations can be avoided by taking consistent, small actions—regular checks, good communication, and making sure someone is always keeping an eye on standards.

This story isn’t about blame. It’s about being honest with yourself.  Because even with the best intentions, things can unravel if no one is watching your staff—especially when illness, distraction, or life pressures take you out of the loop.

Staying on top of food safety compliance can prevent a zero food hygiene rating from ever happening in the first place.

Final Thoughts

Prevention is easier—and far less painful—than crisis managing a 0 food hygiene rating.

Once a statutory notice has been served by the EHO, the legal wheels have been set in motion.

As a food business owner you have a legal duty to comply with any notices that are served — it’s a criminal offence if you don’t.

But don’t wait for a crisis or that “hair on fire moment”.  If you feel standards slipping, don’t wait before taking action.

Have you been served a Hygiene Improvement Notice or a Hygiene Emergency Prohibition Notice recently? 

If so, and you’re not sure where to start, book a free call. 

Lets get your business get back on track:
📞 02920 026 566
✉️ [email protected]   

Download The Crisis Comms Kit to protect your reputation in a crisis.

Frequently Asked Questions - FAQs

The official meaning of a 0 hygiene rating means urgent improvement is required. It shows there are major risks to public health—often due to poor cleanliness, poor structural compliance, staff training issues, or lack of food safety management.

A 0 food hygiene rating is given when the health inspector finds an imminent risk to health.  

In Wales, if the EHO has reasonable grounds for believing that you (as the food business operator) are failing to comply with the Food Hygiene (Wales) Regulations 2006, and there is an imminent risk to health, the officer may serve a statutory notice. This is called a “hygiene improvement notice’’.  

Yes. If a health inspector (EHO) finds a serious risk to public health—such as a pest infestation, unsafe food handling, very poor cleanliness, or serious structural non-compliance—they can issue a Hygiene Emergency Prohibition Notice (HEPN) or offer you voluntary closure. This means your premises will not be able to trade until all risks are resolved and you’re given approval to reopen. Receiving a zero food hygiene rating (a food rating of zero) is often linked to these severe breaches of the law.

If you receive a 0 food hygiene rating (also called a food rating of zero), you must act quickly. The health inspector may issue one or more Hygiene Improvement Notices (HIN) which is a statutory notice. You will need to put right the issues stated in the notice and then apply for a re-inspection to recover your rating.

The notice must state what grounds the officer has for believing that:
    🔷 you are failing to comply with the Hygiene Regulations;
    🔷 the matters which constitute the non-compliance;
    🔷 the measures which, in the officer’s opinion, the food business operator must take to secure compliance; and
    🔷 require the food business operator to take those measures, or equivalent measures, within 14 days.

If you fail to comply with a hygiene improvement notice you will be guilty of an offence and may be prosecuted.

In most cases, you can continue to trade with a 0 food hygiene rating unless you have been formally closed by a health inspector (through a HEPN or voluntary closure). However, you must address all issues quickly. You may still be at risk of prosecution.

Legally, you must register your food business and be inspected by your local authority, which results in a food hygiene rating. Trading without a rating is an offence. This will attract unwanted attention from the EHO, and could affect your reputation and compliance in the future.

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