When can an Environmental Health Officer enter my premises?
An Environmental Health Officer (EHO) has the right to enter your business premises during any reasonable hours of operation. This means they can visit during the times you are open to the public or conducting business activities. They do this to ensure that your business complies with food safety laws.
Common misunderstanding: EHOs can only visit during standard office hours.
EHOs can visit at any time your business is operational, not just during typical 9-5 hours. This flexibility helps them effectively monitor and ensure public safety.
Common misunderstanding: EHOs need permission to enter business premises.
As long as they are visiting during reasonable hours, EHOs do not need permission to enter most business premises. They are legally entitled to access without prior consent to perform their duties.
Do EHOs need to give notice before visiting?
Generally, Environmental Health Officers do not need to give notice before they visit a business. This allows them to see the everyday working conditions and practices of the business without prior preparation or adjustments that could hide usual practices.
Common misunderstanding: EHOs always surprise businesses with inspections.
While most EHO visits are unannounced, if your business operates from your home, you will typically receive at least 24 hours’ notice before an inspection. This is to respect your private living space.
Common misunderstanding: If I'm not at the business, EHOs will wait until I return.
EHOs do not need the business owner to be present to conduct their inspection. They can proceed as long as the business is operational at the time of their visit.
What happens if entry is refused to an EHO?
If an EHO is refused entry to your premises, they have the authority to apply for a warrant from a magistrate. This warrant allows them to enter the premises with the assistance of the police, who can use reasonable force if necessary.
Common misunderstanding: Refusing entry to an EHO has no serious consequences.
Refusing entry can lead to legal action and potentially severe penalties, including the possibility of your business being temporarily shut down until compliance is assured.
Common misunderstanding: EHOs will not pursue entry if initially refused.
EHOs are tasked with protecting public health and will take necessary steps, including legal action, to ensure they can perform their duties. This includes obtaining a warrant for entry if they are refused access.