Filthy restaurant risked “manslaughter” charge

A dirty Sydney restaurant has been warned it could have been charged with manslaughter because it put its customers’ lives in danger.

The Sutherland Local Court heard that the Dainty Dumpling House in the southern Sydney suburb of Miranda had a “disgusting” kitchen filled with grease-caked equipment. Its floor had been dirty “for years”

The court was told its equipment was covered in accumulated grease. There were no paper towels for staff to wash their hands, and food had been left uncovered on shelves.

Magistrate Glenn Bartley reprimanded restaurant director Marco Li.

“It’s good luck rather than management customers weren’t poisoned or even killed,” Mr Bartley said.

“What we have is gross indifference to the health of customers, gross prolonged negligence.

“The company didn’t [reveal the] disgusting backroom arrangements.

“They were misleading customers to think they were operating in a hygienic way.”

Mr Li appeared for the restaurant’s operating firm, Dainty Hospitality Group Miranda.

The company faced two charges of failing to comply with the food services code.

He told the court he was only a new director of Dainty Hospitality, which was “struggling financially”. He said Dainty Hospitality had poured its money into “a longstanding building dispute”.

But Mr Bartley said only a small amount of money could have fixed the restaurant’s hygiene issues.

He said the company had “a long history of neglect to the specific measures required by the [Sutherland Shire] council”.

“Mr Li is unenviably, having become a director recently, trying to explain gross negligence and irresponsibility for directors who have not come to court,” Mr Bartley said.

“[But] what we have is gross indifference to the health of customers.”

Dainty Hospitality Group was fined a total of $15,000 with court costs.

The penalties covered offenses such as failing to fix a “deteriorating” handbasin after a warning from the council, and for failing to fill gaps to prevent the “harbourage of pests.”

Leon Getler 7th May 2018.