Details
- Conviction number:
- 380
- Trade name of food business:
- Lux Kebab
- Address of premises where offence(s) occurred:
- 25 Fitzroy Street, ST KILDA VIC 3182
- Name of convicted person(s) or company:
- M L Associates Pty Ltd; and Abdul Nafe Mohammed
- Relationship of convicted person(s) or company:
- Proprietor; and Director
- Date of conviction:
- 30 Jun 2025
- Court:
- Melbourne Magistrate Court
- Court decision:
- Guilty with conviction
- Sentence and/or order imposed:
- With conviction, fined $26,000 as part of an aggregate order, with $20,524.25 costs; and With conviction, fined $10,000 as part of an aggregate order, with $6,000.00 costs
- Prosecution brought by or for:
- Port Phillip City
- Description of offence(s):
Food Act section 16(1) – from 21 November 2023 to 24 November 2023 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 22(a) – did fail, at a food premises where potentially hazardous food is handled, to have a temperature measuring device that is readily accessible.
Food Act section 16(1) – from 21 November 2023 to 10 May 2025 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 3(1)(a) – did fail to ensure that persons undertaking or supervising food handling operations have skills in food safety and food hygiene matters commensurate with their work activities
- Standard 3.2.2, clause 3(1)(b) – did fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and food hygiene matters commensurate with their work activities
- Standard 3.2.2, clause 19(1) – did fail to maintain food premises to a standard of cleanliness where there is no accumulation of garbage, except in garbage containers; recycled matter, except in containers; food waste; dirt; grease; or other visible matter
- Standard 3.2.2, clause 19(2) – did fail to maintain all fixtures, fittings and equipment, having regard to its use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, to a standard of cleanliness where there is no accumulation of food waste; dirt; grease; or other visible matter
- Standard 3.2.2, clause 20(1)(b) – did fail to ensure food contact surfaces of equipment are in a clean and sanitary condition whenever the food that will come into contact with the surface is likely to be contaminated
- Standard 3.2.2, clause 20(2)(b) – did fail to ensure that a surface or utensil has had applied to it heat or chemicals, heat and chemicals, or other processes, so that the number of microorganisms on the surface or utensil has been reduced to a level that does not compromise the safety of the food with which it may come into contact; and does not permit the transmission of infectious disease
- Standard 3.2.2, clause 21(1) – did fail to maintain food premises and all fixtures, fittings and equipment, having regard to their use, and those parts of vehicles that are used to transport food, and other items provided by the business to purchasers to transport food, in a good state of repair and working order having regard to their use
- Standard 3.2.2, clause 24(1)(b) – did fail to take all practicable measures to prevent pests entering the food premises
- Standard 3.2.2, clause 24(1)(c) – did fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises and those parts of vehicles that are used to transport food.
Food Act section 16(1) – from 21 November 2023 to 26 April 2025 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 17(1)(d)(i) – did fail to provide, at or near each hand washing facility single use towels or other means of effectively drying hands that are not likely to transfer pathogenic microorganisms to the hands.
Food Act section 16(1) – from 21 November 2023 to 5 September 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 17(1)(a) – did fail to maintain easily accessible hand washing facilities.
Food Act section 16(1) – from 24 November 2023 to 5 September 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 7(1)(b)(i) – fail, when processing food, to take all necessary steps to prevent the likelihood of food being contaminated
- Standard 3.2.2, clause 7(4) – did fail, when reheating previously cooked and cooled potentially hazardous food to hold it hot, to use a heat process that rapidly heats the food to a temperature of 60 degrees C or above; and did not demonstrate that the heating process used will not adversely affect the microbiological safety of the food.
Food Act section 16(1) – from 26 March 2024 to 27 March 2024 did fail to comply with any requirement imposed on the person by a provision of the Food Standards Code in relation to conduct of a food business or to food intended for sale or food for sale, specifically:
- Standard 3.2.2, clause 6(1)(a) – did fail, when storing food, to store the food in such a way that it is protected from the likelihood of contamination
- Standard 3.2.2, clause 23(b)(i) – in relation to single use items that are intended to come into contact with food or the mouth of a person, did fail to take all practicable measures to protect them from the likelihood of contamination until use
Food Act section 19(7) – on 3 April 2024 did contravene an order made under section 19(2) on 28 March 2024.
Food Act section 19(7) – from 16 May 2024 to 10 May 2025 did contravene an order made under section 19(2) on 4 April 2024 and 3 May 2025.
Reviewed 29 August 2025