These sections create a number of offences. An operator of a food business establishment commits an offence if they fail to display a valid rating sticker, display a non-valid rating sticker, or fail to provide their rating online where they supply consumers with food through an online facility. It would also include failure to orally inform a person of the rating when requested; however, where this relates to the conduct of an employee, it would be a defence for the operator to prove they had taken all reasonable precautions and exercised all due diligence.
A person commits an offence where they intentionally alter, deface or tamper with an establishment’s valid rating sticker or if they obstruct an authorised officer of a district council in exercising their functions.
A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale; however, for offences of failing to display a valid rating sticker or displaying a non-valid rating sticker, the operator can be given a fixed penalty notice. This section also introduces the Schedule which makes further provision about fixed penalties and liability of partnerships.
These sections also provide for corporate liability.
Commentary on Sections Sections 10 & 11: Offences and Fixed Penalty