The parents of a 12-year-old girl who died after having a severe allergic reaction to a milkshake hope a “loud message” has been sent to businesses after a cafe operator who made their daughter the drink was fined £18,000.
Mia Shay St Hilaire, from Sydenham, south-east London, died in hospital on August 30 2023 after drinking a milkshake at Pop Inn Cafe, in Bermondsey, and suffering an allergic reaction.
She had a tree nut allergy, and it is believed there were hazelnuts and almonds in the drink prepared for Mia, Southwark Council said.
CCTV footage showed the cafe’s operator, Baris Yucel, had not cleaned the blender before making Mia’s drink and the council said there were substances left behind from the preparation of another drink which caused her to react.
In December last year Mr Yucel, 47, pleaded guilty at Croydon Magistrates’ Court to six charges, including serving food that contained an allergenic ingredient that should not have been present.
He was fined £18,000 and given a 100-hour community order at a sentencing hearing on Friday at the same court.
Mia’s parents, Adrian and Chanel, said in a statement published via Leigh Day law firm: “We think of Mia every day and knowing her death could potentially have been prevented so simply, only adds to how heartbroken we are as a family.
“We hope this conviction and fine sends a loud message to businesses serving food and drinks across the country, of the devastating consequences of failing to take food safety seriously.”
Michelle Victor, a lawyer representing the family, said businesses failing to adhere to food safety legislation can have “tragic consequences”.
“Mia and all other children with allergies should be able to feel safe knowing that businesses serving food and drink adhere to food safety legislation put in place to protect their lives,” she said. “But unfortunately, far too often we see that this doesn’t happen, which can have tragic consequences such as in this case.
“We are continuing to support Mia’s family and, while no outcome will ever make up for the loss they have suffered, this criminal prosecution is an important part of their fight to achieve justice for all those suffering with food allergies.”
Southwark councillor Natasha Ennin called the incident a “tragedy”.
“This might have been avoided if the operator of the cafe had followed simple food safety rules, and our officers will continue to work with local businesses to help ensure these are followed by all food outlets in Southwark,” she added.
Mr Yucel admitted six counts:
– There was no allergen signage available or visible to customers, directing them to where allergen information was available to them, nor any information on the menu, notice boards or any other location visible to consumers.
– The operator failed to identify risks associated with cross contamination of allergenic ingredients and did not have adequate controls in place to control these risks.
– The operator failed to manage allergen contamination during the production process, which resulted in the presence of an undeclared allergenic substance in food served to the customer.
– The operator failed to take appropriate steps to ensure equipment, surfaces, utensils and crockery were cleaned to remove any allergenic residues prior to use.
– Food served to a consumer, namely a milkshake, was deemed unsafe in that it was injurious to health because it contained an allergenic ingredient that was not supposed to be present.
– Selling food not of the nature or substance or quality demanded.
An enforcement officer from the council has made several visits to the cafe to ensure procedures to prevent a similar incident are being maintained.
A lawyer for Mr Yucel said the cafe operator thinks of Mia and her family every day.
In a statement, Isin Vahib said: “Prior to sentencing Mr Yucel, District Judge Dean commented that the 47-year-old defendant was of previous good character and that throughout the 22 years in the food business, there have been no previous incidents reported against him.
“Pop Inn Cafe had a good food safety record and the Judge accepted that Mr Yucel had shown genuine remorse.
“He took immediate steps to better educate himself in September and October 2023 and pleaded guilty at the first opportunity.
“Regrettably, the cafe were not notified by the child’s guardian that the child was allergic to tree nuts and the Judge stated that apart from the lack of signage as to notifying the establishment of any food allergies/intolerances, that this would not have prevented the tragic consequences which followed.
“Mr Yucel has had to live with the consequences (of) what happened and a day does not go by when he does not think about the child and her family.
“Pop Inn Cafe was granted a Food Hygiene Rating of 5 in October 2023 and it remains at this level after a full inspection by Southwark Council in September 2024.”