Café fined for food safety breaches after death of schoolgirl from allergic reaction

The family of a schoolgirl who died from an allergic reaction after drinking a cafe milkshake contaminated with nuts have welcomed the prosecution of the business operator.

Baris Yucel, 47, who operates the Pop Inn Cafe, in Southwark Park Road, Bermondsey, was ordered to pay a £18,000 fine and given a 100-hour community order following a sentencing hearing at Croydon Magistrates Court on Friday.

Mr Yucel previously pleaded guilty to five health and safety breaches and a charge under the Food Safety Act at the same court on December 2.

Mia Shay St Hilaire, from Sydenham, became ill after she visited the Pop Inn Cafe with her aunt and sister in August 2023.

The 12-year-old, who had a tree nut allergy, ordered a milkshake from the cafe.  After drinking the milkshake she suffered a severe allergic reaction and an ambulance was called.

Mia was taken to hospital where she died on August 30, 2023. 

It is believed there were hazelnuts and almonds in the milkshake prepared for Mia.  

Mia’s parents, Adrian and Chanel said: “We think of Mia every day and knowing her death could potentially have been prevented so simply, only adds to how heartbroken we are as a family. 

“We hope this conviction and fine sends a loud message to businesses serving food and drinks across the country, of the devastating consequences of failing to take food safety seriously.” 

Following Mia’s death, Southwark council’s food safety team launched an investigation into the cafe. 

The investigation presented CCTV evidence which showed Mr Yucel had not cleaned the blender before making Mia’s drink, which contained substances from the previous milkshake.  

Southwark council argued that this caused her to suffer a severe allergic reaction and that Mia’s death could have been avoided. 

Mr Yucel admitted to six criminal charges including not making allergen advice available for consumers, failing to manage allergen contamination during food production, and serving food that contained an allergenic ingredient that should not have been present. 

Mia’s family are represented by Michelle Victor, partner and Angela Bruno, senior associate solicitor of Leigh Day’s personal injury team. 

Ms Victor said: “Mia and all other children with allergies should be able to feel safe knowing that businesses serving food and drink adhere to food safety legislation put in place to protect their lives. But unfortunately, far too often we see that this doesn’t happen, which can have tragic consequences such as in this case. 

“We are continuing to support Mia’s family and, while no outcome will ever make up for the loss they have suffered, this criminal prosecution is an important part of their fight to achieve justice for all those suffering with food allergies.” 

Since Mia’s death, enforcement officers from Southwark council have been visiting the Pop Inn Cafe, to ensure its following new procedures aimed at preventing contamination. 

Cllr Natasha Ennin, Cabinet Member for Community Safety and Neighbourhoods said: “What happened to Mia-Shay is a tragedy and my heart goes out to her family and the people who loved her. 

“This might have been avoided if the operator of the café had followed simple food safety rules, and our officers will continue to work with local businesses to help ensure these are followed by all food outlets in Southwark.” 

An inquest into Mia’s death is still due to be heard. 

Pop Inn Cafe has been approached for comment.

Pictured top: Mia Shay St Hilaire, who died after suffering a severe nut allergy in August 2023 (Picture: Leigh Day)