Date - Fri, Jan 22, 2016 at 10.40 AM - Victorian Ombudsman Update ...

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From: Thanasis Raptis Date: Fri, Jan 22, 2016 at 10:40 AM Subject: Fwd: Victorian Ombudsman Update - FAO - Robert Gaskell - 2016-01-22 To: [email protected] Cc: Kristal Maynard , Robert Gaskell , Brendan Garrett , Joseph Genco , [email protected], [email protected], "[email protected]" , "[email protected]" , contact , Chris Ritsikos , "C. Kandiliotis & Co" , Bruce McNab

Hello All Apologies, there were linkage errors in the previous email, these are now rectified below. Kind regards Thanasis Raptis Hello Robert I look forward to your inspection, any day, visit  around 5:30AM or around 3:00PM to confirm the insects flying around the place, it’s a common daily scenario. A conversation with a customer which found a fly in her food a couple of days ago can confirm it. It was not found during cooking. It was alive with all the feathers intact, within the food, moving, freely. She complained to the supervisor, the chef and the waitress. She had paid by credit card and wanted her money back, it was refunded. Feathered birds also visit. The same people / customers can confirm this as well, albeit, not that often, see picture taken on 6 January 2015 by coincidence, inserted here;

Extract from the Food Safety Standards 3.2.3. wrt to : The premises should be built and maintained in order to keep out and prevent insects, rodents, vermin and birds from harbouring eg.  make sure that pests can not get into any cavities As to not evidencing signs of insufficient extraction. You can come at any time and look at the windows opposite to the canopy and directly above of the working area of the chef.

There is insufficient extraction and spillage that the canopy cannot hold or extract. It can be seen in the video attached. Video link ‐ https://drive.google.com/open?id=0B9OuP7VZQM69LTlrWDVIRGhLWnM As per the published correspondence here, I brought to the attention of the building management and Arnold Bloch Leibler, at the market review in August 2015, the issue of insufficient extraction. The management committed to fix it.

Since that time to now, the building management continue proposing to bring a technician instead of a registered mechanical engineer with a current registration number to assess the issue. As already published; circa November 2015, I engaged an accredited entity, SDP, to access the situation and report, this report you already have, the video attached was taken after their inspection / engagement. I’ve offered the building management through Arnold Bloch Leibler to engage an independent accredited entity to scope out the investigation work needed to remediate of the extraction / HVAC but no response has been received to date. In summary, I have a report from SDP stating that the [Blu Nite] kitchen is not in compliance to the AS1668.2 within which, based on the [Blu Nite] kitchen’s configuration, requires 3,300l/s of air to be extracted and [Strozzi Ristorante Cafeteria], on the other hand, another 2000l/s of air to be extracted, by an extraction fan capable to extract only 4000 l/s and you authorize that under the Food Act it is acceptable to prepare food, because , you didn’t see evidence of insufficient extraction. Is that correct? There are many more aspects that are not relevant here but indirectly relate to the food act; It is set out in the Food Act that the supply of proper ventilation is important and it needs any system installed to comply with the relevant building codes / standards. Ventilation The food premises must have: Sufficient natural or mechanical ventilation to effectively remove fumes, smoke, steam and vapours from the food premises. The type of ventilation you will need will depend on the operations of your business. The premises must meet the natural and mechanical ventilation requirements of the Building Code of Australia. Mechanical ventilation must be installed in accordance with the Australian Standard No.1668.2 The Use of Mechanical Ventilation and Air‐Conditioning in buildings Part 2 Mechanical Ventilation for acceptable indoor‐air quality.” If we go to the clean air aspect, under the same standard, it requires 2390ltrs of air be extracted per second based on the [Java Bar & Bistro] liquor licence,

The [Java Bar & Bistro] licence tranfered to one part of the subdivision, [Saranti] cafe, unaltered (designed for 2390ltrs). Using the same air volume calculations of the [Java Bar & Bistro] licence’s maximum capacity. the 2390ltrs volume of air corresponds to [Saranti] & [City Copy]. The [Blu Nite] licence has been properly amended to reflect the correct seating capacity, but the assessment of the required air quality / volume is unknown and is unacceptable as per symptoms evidenced and will not be mentioned here being outside of the scope of the current email. The Food Act assumes compliance to AS1688.2 (as per the above paragragh reference ventilation) It is evidenced here that appart from the insufficient extraction , subdivision occurred, comprising the initial designed and certified air quality/volume and as stated, is not in compliance to AS1688.2.

The Blu Nite licence has been properly amended to reflect the correct seating capacity but the assessment of air quality is unknown and is unacceptable as per symptoms evidenced and will not be mentioned here being outside of the scope of the current email. Can you issue the full email correspondence set you sent to me, as to this circulation, stating the issues you’ve identified since I took operation of the cafe on 2nd December 2014? My solicitor holds your report, attached, where within, you’ve set out issues requiring address by the previous owner, whom by the way, did not even keep the food safety template records. On 14 of November 2014 you found the [Saranti] café , as per your report inserted here,

as taking sufficient measures but behind the desks and fax machine photographs taken at Christmas shut down (2014) and after constantly clean up total, my inspection reveals otherwise,

You requested from [Blu Nite] minor improvements like the provision of paper hand towels at hand washing sinks, putting my name as proprietor at the front door and using the facilities mop area. I also remind you as to your comment made, that you were impressed with the total cleanliness of Blu Nite which is an ongoing process for me. Now, apparently, I’ve different more critical issues to address than that of extraction. Summary: For 7+ months now,  I’ve attempted to bring to the attention of the building management through Arnold Bloch Leibler via Solicitor(s) the issues requiring remediation. Instead of operating a business I spend 80% attempting to engage the relevant parties to bring prompt resolution to the non‐compliance reported by SDP. In your case, is not your role to work together with [Blu Nite] to ensure that the Food Act standards are applied and help [Blu Nite] to become more aware of potential risks or to attempt confuse by not providing the relevant information properly?

Can you re‐confirm that is within standards compliance to prepare food under a non‐ compliant ventilation / extraction & HVAC system. Extract from the Food Safety Standard 3.2.3. wrt to :

Food Premises and Equipment The Food Safety Standards are enforceable under the Food Act 1984 and all food premises must comply with these Standards. If you do not meet the requirements of this Standard you will not be able to be registered and therefore will not be able to operate as a food business. Please inspect at your convenience and formally state here and confirm that my facility is acceptable to prepare according to the Food Act whilst there is a stated non‐compliance in the SDP report. This version will be posted to the Blu Nite website ‐ http://www.blunite.com.au/Victorian‐ Ombudsman.html

Kind regards, Thanasis Raptis

From: Robert Gaskell Date: Wed, Jan 20, 2016 at 5:17 PM Subject: RE: Melbourne City Fire Brigade - Robert Gaskell, Health & Safety Officer, Food Act - EPA Victoria To: Thanasis Raptis Cc: Brendan Garrett Hi Thanasis,

I refer to your request made out in these terms: “You expressed the lack of ventilation as representing ‘low risk’ in terms of food preparation, I require formal written confirmation from you as to whether or not I ‘can’ or ‘cannot’ prepare food compliantly reference the Food At under the circumstances set out here as well as in the previous emails received by you.”

The food business trading as Blu Nite at 333 Collins Street Melbourne is currently registered with the City of Melbourne under the Food Act and as such food can be prepared and sold from the premises.

I have conducted a number of visits to the premises during 2015 and at the time of these inspections, I observed no evidence that the mechanical exhaust system was not working effectively. At each of these inspections you were present and you never informed me of any concerns you had regarding your mechanical exhaust system. It is noted that there were a number of other breaches of the Food Act observed during my inspections.

As such, a follow-up inspection is still required as a result of my most recent inspection which I will conduct shortly.

Please contact me on 9658 9041 if you have any further questions.

Kind regards

Robert Gaskell | Environmental Health Officer | Health and Wellbeing City of Melbourne | Council House, 200 Little Collins Street Melbourne 3000 | GPO Box 1603 Melbourne 3001 T: 03 9658 9041 | F: 03 9654 8830 | E: [email protected] www.melbourne.vic.gov.au | www.melbourne.vic.gov.au/whatson We value: Integrity | Courage | Accountability | Respect | Excellence Please consider your environmental responsibility before printing this email.

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